Protecting the public employee from arbitrary implicit administrative decisions A comparative study between Iraqi and Lebanese law

 It is known that the management body enjoys many privileges regarding the exercise of its activity, including the initiative to issue administrative decisions that entail legal effects by the unilateral and binding will of the administration, which represents the main and basic aspect of the administration in the practice and directness of its activities, as the authority of the administration to issue these decisions is not absolute, to restrict them The most important considerations are providing guarantees for those affected by these decisions to protect them from the abuse of the administration.While there are cases in which the administration is obligated to empty its will into a specific template, and the source of the obligation in the rules of form is the law, and it is known that the administration’s expression of its will cannot be in a single style, but it may be explicitly and this is the predominant situation, and on the contrary it may The administration is obligated to remain silent about the requests submitted to it and does not express its will by an external means from which the direction of its intention and its content is understood, through its silence for a legally defined period, at the end of which the administration’s position regarding the request is determined by rejection or acceptance. Since the implicit expression is a herald of some difficulties, as the applicants find nothing from the administration except the commitment to silence, and that would harm their interests, paralyze their ability and restrict them from exercising their rights guaranteed by law. In this regard, the legislator arranged certain effects of this silence and bestowed the character of the administrative decision on the administration’s silence Or its silence under the name of an implicit administrative decision and what this implies of great importance, perhaps the most important of which is respecting the principle of legality that imposes on the administration to submit to the rule of law and not to violate it, whether by an explicit decision or by negative behavior, as well as the protection of individuals towards the silence of the administration, which represents a negative attitude from it and the consequences It has negative effects on their rights and freedoms, and through this, the administration’s silence can face everyone, including the employee, who may ignore the administration’s response to the requests he submits to it for the purpose of benefiting from the rights stipulated by the law. that afflicts the administrative decision, and therefore the importance of the issues it involves and that needs analysis and accuracy emerges. This is why our study is embodied in the issue of protecting the employee from implicit and illicit administrative decisions in Iraqi law, that is, like the rest of the employee’s protection from the defective implicit decision.