2. The condition of Urgency in Stay the Execution of the Administrative Decision "A comparative study"

Abstract

The study aims to investigate the existence of a state of urgency, as it is the basic condition of the objective conditions for requesting a stay of execution, and all this is within the framework of achieving the public interest represented in the fact that the administrative decision is supposed to have a presumption of safety and legality, but there are cases that lead to the implementation of the administrative decision to the occurrence of unimaginable consequences. , and it cannot be remedied when ruling to cancel the administrative decision, and for this reason the administrative legislator granted individuals the right to request a stay of execution under certain conditions, the most important of which is the availability of the urgency condition.

The researcher followed the comparative, analytical descriptive approach to find out what the urgency clause is and its applications in Jordanian and comparative legislation and administrative judiciary in Egypt. On the other hand, the privileges that the administration enjoys in implementing its decisions directly towards individuals, and we hope that our Jordanian legislator defines the criteria that the administrative judge must adhere to when considering a case of urgency because there is no text governing the discretionary power of the judge in judging whether there is a case of urgency or not.

Keywords: Administrative Decision, Stay Execution, Urgency clause, Administrative Court, Administrative Judiciary.