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The Original Nullity Lawsuit (A Comparative Study between the Sultanate of Oman and Egypt)

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The article raises several legal problems that the researcher seeks to answer, namely: what is the original claim of invalidity and its basis for administrative rulings that may be appealed against in this case, and the reasons for the appeal. The court competent to hear the original claim of invalidity and its procedures and judgment in it, given that this case is the creation of the Egyptian administrative judiciary, so the importance of research is highlighted in the need to identify the nature of this case and its rulings in the Egyptian administrative judiciary and the Sultanate of Oman, and the article has reached several results, the most important of which is that the case The original invalidity is an exceptional way of appeal, so it does not expand on it, so it stops in cases other than the invalidity stipulated in the Civil and Commercial Procedure Law, when the cases involve a serious fundamental defect that affects the ruling entity and causes it to lose its character as a judge, and it descends to the point of nonexistence, as nonexistence is the basis for accepting a claim The original invalidity, and the article recommended the need for the intervention of the Omani legislator to make the competence to hear the original invalidity case before the court that issued the ruling, and not to the court of first instance in order to prevent the judiciary of a lower court over the judiciary of a higher court.
Aleem, A. F. (1979). Disciplinary Guarantees in Public Service. Dar Al Nahda Al Arabiya, Cairo.
Al-Qabbani, B. (1977). Administrative Law in the Arab Gulf States,. Dar Al-Maarif, Riyadh, first edition.
Al-Sharif, A. (1997). Accountability of the Public Employee in Kuwait, Authorship,. Arabization and Publishing Committee.
Al-Toukhi, S. ( 2013). The Legal System for the Management and Quality of Administrative Investigations, Judicial Department, . Abu Dhabi.
Aou, A.-G. A. (2020). The Judiciary of Cancellation in Jordan. without a publishing house, first edition, p. 204.
Darwish, A. a.-H. (2019). The End of the Administrative Decision Without the Judiciary. Dar al-Kutub al-Qanuni, Cairo, pg. 292.
Hamouda, A. M. (2008). Explanation of the General Provisions of the Federal Penal Code of the United Arab Emirates,. General Section, Part 1, 3rd Edition, Dubai Police Academy, Dubai.
Ibrahim, M. A.-H. (2018). The means of administration in ending its decisions. research published in the Journal of Law, Kuwait University, fourth issue, year 18, p. 175.
Kanaan, N. (2001). Principles of Administrative Law and its Applications in the United Arab Emirates.
Khalifa, A. A. (2022). The Comprehensive Administrative Encyclopedia on Reversing the Administrative Decision and Disciplining the Public Employee, Part Two, Controls on the Legality of Administrative and Judicial Discipline Procedures in .
Khattar, S. A. (1998). The Jordanian Administrative Judiciary, Book One, The Judiciary of Cancellation, . The Arab Center for Student Services, Amman, first edition, p. 572.
Lilo, R. M. (2005). Administrative Judiciary "A Study of the Foundations and Principles of Administrative Judiciary in Jordan. Dar Qandil, Amman, first edition, p. 167.
Muhammad, Z. S. (2019). Judicial control over the legality of administrative decisions.
Negm, A. H. (2019). Administrative Law, “A Comparative Study of the Organization and Activity of Public Administration,” Part Two, Methods, Means, and Privileges of Public Administration. First Edition, p. 51.
Nougi, F. A. (2015). The impact of salaries on job satisfaction, satisfaction with compensation, and self-motivation for. university professors, Algeria.
Obaidat, Y. (2012). , Provisions of the Federal Labor Regulation Law No. 8 of 1980 and its amendments,. University Library, Sharjah.
Sami, J. A.-D. (1992). Oversight of the Administration's Work "The Principle of Legitimacy - Organization of the Administrative Judiciary. without a publishing house, p. 145.
Shamal, A. (2013). Disciplinary Guarantees for Public Employees, Master’s Thesis, 1st edition,. University Library, Sharjah.
Ta'meya, A.-J. (2020). The Principle of Legality and the Controls of Subordination of Public Administration to Law. Dar Al-Nahda Al-Arabiya, Cairo, p. 83.