The Legal Impact of the Approved Administration’s Silence on the Requests of Its Employees, A Comparative Study Between Iraqi and Lebanese Law

The legal consequences of the administration’s deliberate silence at the request of its employees are considered harmful effects on the public interest that occur from the public administration, and the study in question represents an infringement and violation of the principles upon which the job is based in general and the employee in particular, so the legislator intervened to give him protection by enacting laws that help protect The employee asked for the deliberate silence of the administration, and his means in this are special laws, and the effects of this silence appear clearly in all aspects and the political, social, economic and other important aspects of life that concern the individual and society. Proceeding from that importance that imposes itself as a necessity of scientific research, we have discussed in this study the definition of silence and the statement of its provisions, and then standing on the historical development of the function resulting from it. A public servant, namely, working in the service of a public facility run by the state or one of the other persons of public law as a permanent job, and that the judiciary in Iraq went in the same direction as the French State Council, where it was not satisfied with canceling the negative administrative decision that violated the law, but went further and decided to add a provision Cancellation, obligating the administrative authority to take the decision that it refrained from taking, and if the administration’s silence in responding to the grievance submitted to it with the expiry of the specified period is an expression for it of its implicit will to refuse, it is an implicit administrative decision to reject the grievance, and we also did not find decisions in this regard or almost non-existent Whereas, no judgment was issued to cancel an implicit administrative decision tainted by defective form and procedures. The Iraqi legislator has arranged the effect to protect the employee from the abuse of the administration in its slowness, laziness or neglect of requests submitted to it, as it failed when it adopted the presumption of implicit acceptance of resignation and retirement; Due to the fact that it does not take into account the interest of the public facility and the necessity of its regular and steady progress, the administration’s delay in deciding on the resignation or retirement request as a result of negligence or delay in administrative procedures leads to the end of the functional relationship between the administration and the employee, which negatively affects the public facility through the absence of An employee who provides the services necessary for his regular and steady progress, with the possibility that the administration is not prepared for the situation, and the study resulted in reaching a number of conclusions and proposals, including in a conclusion.