The Risk Leading to Direct Execution of Administrative Decision
DOI:
https://doi.org/10.64184/ajlps.V2.I4.Y2025.P89-119.257Keywords:
Direct Execution, Immediate Decisions, Serious Risk, Public Order.Abstract
This paper aims to examine the risk leading to the direct execution of the administrative decision by analyzing its concept, the limits of its gravity, and its implications on public order, including its security, health, and social components. The study adopts a comparative approach between France, Egypt, and Iraq to identify legislative and judicial trends in addressing risks that necessitate administrative intervention without prior judicial authorization.
The study revealed that France is characterized by an almost comprehensive administrative law framework that provides both legislative and judicial bases for addressing various forms of risk. This reflects the development of the French Council of State in defining the conditions and limits of direct execution, thereby ensuring the protection of rights and freedoms while preserving public order.
In contrast, Egypt relies on scattered sectoral laws that regulate direct execution procedures in specific fields, without reaching the unified and organized structure of French law. Iraq, meanwhile, addresses direct execution implicitly or partially through specific legislative provisions, with the Iraqi administrative judiciary playing a significant role by exercising strict oversight over the legality of administrative decisions to prevent misuse of authority for private interests.
Regarding the temporal dimension of risk, the comparative analysis revealed that the countries studied have not established a unified timeframe for the duration of direct execution. Instead, they adopt a flexible standard based on the particularity of each case, which may even vary within the same situation depending on the time and place in which it arises. The continuation of direct execution procedures after the danger has ceased is considered unlawful and entails administrative liability for the overreach.
The paper concludes that the direct execution of administrative decisions should remain an exceptional measure, restricted to cases involving a serious and imminent risk threatening individuals’ lives or the functioning of state institutions, and should terminate once the danger ceases, whether explicitly authorized by law or based on necessity or urgency. In all cases, such actions must remain subject to administrative judicial oversight to ensure a balance between the imperatives of public order and the rights and freedoms of individuals
References
I. Books
1. (repeat) Dr. Abd al Azīz Abd al Mun‘im Khalīfah, Administrative Decisions in Jurisprudence and the State Council Jurisprudence, 1st ed., Al Ma‘ārif Establishment, Alexandria, 2007.
2. Dr. ‘Alī Khaṭṭār Shutāwī, Encyclopedia of Administrative Judiciary, Vol. 1, 1st ed., Dar Al Thaqāfah for Publishing & Distribution, Jordan, 2004.
3. Dr. Abd al Azīm Abd al Salām Abd al Hamīd, The Legislative Role of the Head of State in a Mixed System (A Comparative Study), 1st ed., Dar Al Nahḍah Al ‘Arabiyyah, 1996
4. Dr. Abd al Azīz Abd al Mun‘im Khalīfah, Administrative Decisions: Forms, Enforceability, Suspension of Execution, and Annulment in Jurisprudence and the State Council Jurisprudence, University Thought House, Alexandria.
5. Dr. Anas Ja‘far, Administrative Decisions, 3rd ed., Dar Al Nahḍah Al ‘Arabiyyah, 2013, Egypt.
6. Dr. Farooq Ahmad Khammās, Control over the Actions of Administration, Dar Al Kitab for Printing and Publishing, Faculty of Law, University of Mosul, 1988.
7. Dr. Farooq Ahmad Khammās, Control over the Acts of Administration, Dar Al Kutub for Printing & Publishing, Faculty of Law, University of Mosul, 1988.
8. Dr. Hamdī ‘Akāshah, Administrative Decision in State Council Jurisprudence, Al Ma‘ārif Establishment, 1987.
9. Dr. Hamdī Al Qubaylāt, Brief in Administrative Judiciary, 2nd ed., Dar Wā’il for Printing, Publishing & Distribution, 2018.
10. Dr. Majid Ragheb Al Halou, Administrative Decisions, Dar Al Jami’a Al Jadeedah, Alexandria, 2009.
11. Dr. Muhammad Ahmad Abd al Mun‘im, The Condition of Necessity before Constitutional Judiciary (Comparative Study), Dar Al Nahḍah Al ‘Arabiyyah, Egypt, 2002
12. Dr. Muhammad Ali Al Yāsīn, Administrative Law, Modern Library for Printing and Publishing, Baghdad, p. 148; Abd al Fattah Hassan, Direct Enforcement of Administrative Decisions, Al Ma‘ārif Establishment, Alexandria, 2014.
13. Dr. Muhammad Al Wakīl, State of Emergency and Administrative Control Powers (Comparative Study), 1st ed., Dar Al Nahḍah Al ‘Arabiyyah, 2003.
14. Dr. Muhammad Kāmil Laylah, Theory of Direct Enforcement in Administrative Law (Comparative Study), Dar Al Fikr Al ‘Arabī, Egypt, 1959.
15. Dr. Muhammad Qadri Hassan, Administrative Law, 1st ed., Ithraa Publishing & Distribution, Jordan, 2009.
16. Dr. Muhammad Qadri Hassan, Administrative Law, 2nd ed., Ithraa Publishing & Distribution, Amman, 2012, p. 381.
17. Dr. Nawāf Kannān, Administrative Law, Book Two, Dar Al Thaqāfah for Publishing & Distribution, 2007.
18. Dr. Samī Jamāl al Dīn, Regulations of Necessity and Judicial Guarantees of Control, Al Ma‘ārif Establishment, Alexandria, Egypt, 1982.
19. Muhammad Husnayn ‘Abd al ‘Allāl, Principle of Legitimacy and Judicial Control over Administration’s Acts: A Comparative Study, Unpublished, 2006.
20. Pierre Tiffen, French Administrative Law, Vol. 5, Chapter 1, Section 3, Administrative Police, 2020.
21. Shāb Tumā Mansūr, Administrative Law (Comparative Study), Al Ahliyyah Printing & Publishing House, 1871
22. Shāmir Mahmoud Sabri, Legitimacy of Special Administrative Regulation for Protection of Public Security: A Comparative Study, Arab Center for Legal Studies and Research, 2017.
II. Articles and Journals
1. Amin Raheem Hamid Al Hijjāmī, “Legal Regulation of the Continuous Administrative Decision (Comparative Study),” Babel University Journal for Humanities, Vol. 24, No. 4, 2020
2. Dr. Hassan Muhammad Abd al Tawwāb Mahdī, “Judicial Control over the Administration’s Power in the Use of Direct Enforcement,” Legal Journal, Vol. 23, No. 5, 2025, Faculty of Law, Beni Suef University.
3. “The Role of Administrative Regulation in Limiting Risks of Cyberspace in Egypt and France,” Journal of Legal and Economic Sciences, Vol. 63, No. 1, Year 65, 2023.
4. Dr. Hussein Ahmad Muqaddad Abd al Latīf, “The Role of Administrative Regulation in Limiting the Risks of Cyberspace,” Journal of Legal and Economic Sciences, Vol. 65, No. 1, Year 2023.
5. Ali Hādī Hamīd Al Shakrāwī, “Legal Regulation of Exceptional Regimes: A Comparative Study,” Al Muḥaqqiq Al ‘Adlī Journal of Legal and Political Sciences, No. 3, Year 2014.
III. Theses and Dissertations
1. Dr. Muhammad Muhammad Mustafa Al Wakīl, State of Emergency and Administrative Control Powers (Comparative Study), PhD thesis, Cairo University, 2003.
2. Dhikrá Abbas Alī Al Dāynī, Administrative Means for Removal of Violations over Public Funds, PhD thesis, Faculty of Law, University of Baghdad, 2005.
3. Walā’ Kamāl Al Māḍī, Powers of Administration to Use Coercive Force in Executing its Regulatory Decisions in Palestinian Legislation, Master’s thesis, Faculty of Sharia and Law, Islamic University, Gaza, 2019.
4. Dr. Ḍiyā’ Ḥasan Al Khalikhālī, Theory of Necessity as an Exception to the Principle of Supremacy of the Constitution, PhD thesis, Faculty of Law, University of Baghdad, 2006
5. Khalid Jābir Al Shammārī, Duty of Administration in Achieving and Protecting Public Health in Iraqi Law: A Comparative Study, Master’s thesis, Faculty of Law, University of Baghdad, 2014.
6. Miftāḥ Salīm Alī Qarīṣ‘ah, Compulsory Execution of Administrative Control Decisions, PhD thesis, Egypt, 2009.
7. Faisal Jabr ‘Abbās, Administrative Regulation in the Scope of Public Health in Iraq, Master’s thesis, Faculty of Law, University of Iraq, 2019.
8. Habīb Ibrāhīm Al Dulaimī, Administrative Control Power in Normal Circumstances, PhD thesis, Faculty of Law, University of Baghdad, 2005.
9. Rā’id Dhiāb Ahmad Al ‘Ānī, Administrative Authority in Regulating Use of Irrigation Water in Iraq, PhD thesis, Faculty of Law, University of Iraq, 2023.
IV. Foreign and Arabic Legislation
1. Articles (4, 22) of the French Comprehensive Security Law of 2021.
2. Article 24/25 of Egypt’s Public Places Law No. 154 of 2019.
3. Article 13 of Egypt’s Protest Law No. 107 of 2013.
4. Articles 5 and 7 of Iraq’s Civil Defense Law No. 44 of 2013.
5. Article 10 of Iraq’s Irrigation Law No. 83 of 2017.
6. Article 2, paragraph (third) of Iraq’s Health Law No. 10 of 1981.
7. Articles 44 and 100 of Iraq’s Ministry of Health Law No. 89 of 1981.
8. Article 7 of Iraq’s Mental Health Law No. 1 of 2005.
9. Article 47 of Iraq’s Municipalities Management Law No. 165 of 1964.
10. Article 253 of Iraq’s Commercial Law No. 30 of 1984.
11. Article 91/fourth/b of Iraq’s Public Health Law in force No. 89 of 1981.
V. Judicial Decisions
1. Ruling of the Egyptian Civil Appeal Court on 22 April 1934, Lawyers Year 2015, p. 558.
2. Ruling of the Federal Court of Cassation dated 3 June 2014, No. 870 / Civil Panel / Transferred 2014 / T 840, unpublished.
3. Ruling of the Federal Court of Cassation, dated 5 April 2021, No. 2313 / Civil Panel / 2021 / T2301, unpublished.
4. Administered rulings and major administrative decisions in French administrative judiciary establishing the most important rules of administrative court, a study published in Al Maktabah Al Qanūniyyah Al ‘Arabiyyah online library, visited on 27 May 2025, at 7:00 pm.
5. This decision published in the Iraqi Official Gazette in issue no. (3393) on 17 February 1992.
VI. Websites
1. States of Emergency in France, article posted in Wikipedia: www.en.m.wikipedia.org. Visited on 26 July 2025, at 9:15 pm.
2. De Hall, “A Moderated Procedure for Dealing with People’s Exposure to Danger,” article at www.actu.dalloz-etudiant.fr. Visited on 28 July 2025, at 5:00 pm.
3. Sébastien Platon, “COVID 19 and States of Emergency,” article published 9 April 2020 on verfassungsblog.de. Visited on 26 July 2025, at 11:00 pm.
4. Yusrā Al Badri, “Minister of Interior on Facebook Monitoring,” article on Al Masry Al Youm: www.almasryalyoum.com/news. Visited on 31 May 2025, at 1:30 pm.
5. Article published on 27 June 2014 at article19.org. Visited on 30 May 2025, at 10:00 pm.
6. Fāris Al Khayyām, “The Reality of the Spread of Foot and Mouth Disease in Iraq,” article posted on Al Jazeera website, on 22 February 2025. Accessed on 20 June 2025, at 3:00 pm.
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