Compensation for Invalid or Nonexistent Administrative Decisions

Abstract

Invalid or null administrative decisions constitute one of the issues and disputes that administrative justice seeks to address and resolve. Compensation serves as the judicial means through which an aggrieved party can obtain full protection by redressing the harm caused by an administrative decision. This research aims to clarify the nature of invalid or null administrative decisions and the extent of the right to compensation for invalid and null decisions. The study concludes that for an administrative decision to be a source of compensation, it must be irregular; there is no compensation for a decision if it is valid and without flaws, as there is no room for regular and valid administrative decisions. It also recommends the importance of informing citizens, and specifically employees and workers, about the role of administrative justice in protecting their rights, their right to annul flawed administrative decisions, and the fair compensation for damages suffered due to these decisions.