The Joinder of the Request to Suspend the Implementation of an Administrative Decision with the Annulment Action (In Light of Libyan Law)

Abstract

The suspension of the implementation of an administrative decision is considered a significant exception to the general principle of the "presumption of legality," which stipulates those administrative decisions are enforceable once they meet legal requirements. This study focuses on the "joinder requirement," a formal condition mandated by Libyan legislation in Article 7 of Law No. 88 of 1971. This law strictly requires that a request for suspension must be submitted simultaneously with the annulment action within the same petition. The research explores the rationale behind this procedural necessity, noting that the power to suspend execution is derived from the power of annulment. However, the study highlights a critical debate regarding the "arbitrariness" of this requirement, especially when urgent circumstances justifying a suspension arise only after the initial annulment claim has been filed. Furthermore, the paper examines the judicial evolution regarding "void" or "non-existent" administrative decisions. The Libyan Supreme Court has established that such decisions, characterized by gross illegalities like usurpation of power, are exempt from standard formal constraints. Consequently, the joinder requirement and the sixty-day statute of limitations do not apply to void decisions, allowing for more flexible judicial protection. The study concludes by recommending a legislative amendment to Article 7 to allow for independent suspension requests under specific conditions to better safeguard individual rights against administrative actions.