The pillars of administrative decision-making under Saudi law and its most important conditions

What do you know about the pillars of administrative decision-making under Saudi law? It is the tool by which the public administration expresses its binding will within the framework of regulating public facilities and managing the affairs of society.

The administrative decision is of great importance in light of the legislative and administrative developments that the country is witnessing under Vision 2030. Therefore, in this article, we explain the pillars of the administrative decision and the conditions that must be met in each pillar, to provide a comprehensive guide for those interested in administrative law in the Kingdom.

Abdulaziz bin Yasser Al-Anzi Law Firm

Administrative decision under Saudi law

Every legal action issued by a competent administrative authority, expressing its sole will, based on the powers vested in it by regulations and bylaws, with the intention of creating a new legal status, modifying an existing status, or terminating it.

This decision is binding; it takes effect immediately upon issuance, without requiring acceptance or approval from those to whom it is addressed. Examples include decisions regarding appointments to government positions and decisions to withdraw [certain] positions.Business licensesIn case of violating the law.

Unilateral decision-making in administrative matters

One of the most prominent features of the administrative decision under Saudi law - as we mentioned previously - is that it is issued by the sole will of the administrative authority, without the need for approval or acceptance from those to whom the decision is directed.

For example, when the Ministry of Human Resources and Social Development issues a decision to appoint an employee or to cancel a work permit for a particular establishment, this decision has legal effects immediately upon its issuance, and it has direct consequences for the individuals or establishments concerned, regardless of their consent or satisfaction.

Administrative bodies derive their authority to issue binding decisions from legal texts that define their powers and jurisdictions. Among the most prominent of these texts are the Cabinet regulations and the Implementing Regulations issued for each ministry or government agency, thus ensuring that administrative decisions are issued in accordance with precise controls to achieve the public interest and protect the rights of individuals from any transgression or abuse.

Final administrative decisions are subject to the oversight of the administrative judiciary, and every concerned party has the right to file a lawsuit to cancel the decision if it violates regulations or infringes upon his rights.

This confirms the principle of the rule of law and achieves a balance of powers, whereby the administration exercises its authority within a supervisory framework that ensures it does not exceed its legal limits.

The importance of administrative decisions

Administrative decisions are a fundamental executive tool in the Saudi legal system, and their importance can be summarized as follows:

1. To provide a clear legal framework for implementing regulations and achieving stability in government transactions and procedures.
2. Enabling administrative bodies to regulate the operation and continuity of public facilities in accordance with the Saudi regulations and the commitment to the public interest.
3. Granting individuals the right to appeal and challenge before the Board of Grievances if the decision is flawed in form, reason, or purpose is a fundamental principle to ensure the achievement of justice.

Types of administrative decisions

Administrative decisions vary to give the administration flexibility in exercising its authority within the limits of the system, and thus achieve a balance between the public interest and the rights of individuals. These types are as follows:

1. Regulatory decisions are general, abstract rules set by administrative authorities to be applied to everyone, such as traffic guidelines.
2. Individual decisions are decisions issued against a specific person or entity to produce a legal effect, such as granting a license for a business activity.
3. Constitutive decisions are those that create a new legal status or change an existing situation, such as granting citizenship.
4. Declaratory decisions are those that reveal a pre-existing legal situation without creating it, such as documenting an administrative event.

The basic pillars of administrative decision-making under Saudi law

An administrative decision should meet the following criteria:

Specialization Corner

The element of jurisdiction in an administrative decision is one of the basic elements upon which the legitimacy of an administrative decision is based. It means: who issues the decision. In order for an administrative decision to be valid, it must be issued by the entity that the system has authorized to issue it, such as ministries, secretariats, and executive bodies.

If a decision is issued by an entity that does not have the legal authority, it is invalid, even if the decision is correct in its essence or aims to achieve a public interest.

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It is also required to fulfill the formal requirement of the administrative decision, whether the decision is written or electronic, that is, the decision must be documented, written, and signed by the competent authority. In the current digital age, electronic decisions have become legally equivalent to paper decisions, provided that they are documented in accordance with the regulations.

These conditions fulfill two important principles: documentation so that the date, content, and issuing authority of the decision are known, and transparency so that the decision is announced and known to those concerned. They also guarantee the rights of individuals and limit the arbitrariness of the administration in exercising its powers.

Corner of the cause

The element of reason in an administrative decision means that there is a real justification that prompts the administration to issue this decision. This justification is either: a legal reason such as the existence of a regulatory text that allows the administration to take a certain action, or a factual reason such as the occurrence of a material event that requires the administration’s intervention.

This aspect is of paramount importance because an administrative decision is not, in essence, a personal act issued by an employee according to his whims, but rather a legal act linked to objective reasons. If the decision is issued without a reason, or is based on an incorrect or fictitious reason, then it is flawed and illegitimate.

Corner of the Goal

The purpose of an administrative decision means that the decision is directed towards achieving a legitimate goal, which is the public interest. When the administration exercises its authority, it exercises it on behalf of society and not to achieve personal or private purposes for its employees. The Saudi legislator has established a clear rule that every administrative decision must be in the service of society and not in the service of individuals or personal interests.

This pillar is important because it ensures that the administration does not act arbitrarily, because it may be competent, may follow formal procedures, and may be based on a real reason, but if its goal is illegitimate, then the decision is tainted by the defect of abuse of power, which is one of the most serious defects of an administrative decision.

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The subject matter of an administrative decision is the legal effect that this decision has on the legal status of the person addressed by it, because an administrative decision is a means of bringing about a change in the legal status of individuals.

Examples of this include:Creating a right is like granting a license. Transferring a right is like transferring an employee from one department to another. Amending a right is like modifying the terms of a license. Revoking a right is like withdrawing a permit.

For an administrative decision to be valid, three essential conditions must be met:

1. Possibility, which is that the effect that the decision seeks to achieve is feasible in reality and in law.
2. Legality, which means that the desired effect should not be prohibited by a legal text.
3. Compliance with applicable laws, meaning that the premises must be consistent with and not in conflict with higher legal provisions.

The importance of this element lies in the fact that it represents the final result expected by the person addressed by the decision, defines the scope of the legal consequences resulting from the decision, and enables the affected party to accurately determine the subject of the appeal when filing a grievance or a lawsuit.

Appealing the administrative decision

Saudi law guarantees the right to appeal an administrative decision, according to the Board of Grievances system, whereby anyone who is harmed by an administrative decision has the right to request its cancellation before the administrative judiciary, within 60 days from the date of his knowledge of the decision.

In order for the Board of Grievances to rule to overturn the decision, it must be flawed by one of the following defects:

1. Lack of jurisdiction, meaning the decision was issued by an entity that does not have the legal right to issue it.
2. Form and procedures, i.e., issuing the decision without following the prescribed regulatory procedures.
3. The reason is that the decision lacks any real or legal justification.
4. Abuse of power, that is, the use of power by the administration to achieve a personal or illegitimate goal, rather than to achieve the public interest.

If any of these defects are proven, the Board of Grievances shall rule to cancel the decision retroactively, as the decision shall be considered as if it never existed from the moment it was issued, and the situation shall return to what it was before the canceled decision.

This procedure confirms that the administrative decision remains subject to judicial oversight, regardless of who issued it, and has no immunity if it violates the law or deviates from the public interest.

Counter-administrative decision

It remains for us to discuss the counter-administrative decision, which is a decision issued by the administrative body in response to a request or grievance submitted by the concerned party, and it is considered a fundamental tool in reviewing initial administrative decisions according to specific regulatory controls.

The administrative judiciary in Saudi Arabia has given great attention to this type of decision in light of the development of the judicial system, as it is based on Article Thirteen of the Board of Grievances System issued by Royal Decree No. M/78 dated 9/19/1428 AH, which is concerned with considering “other administrative disputes”.

The counter-decision is characterized by being issued by the same entity or a higher entity, and it is subject to judicial review before the Board of Grievances if it is marred by one of the defects of legality such as lack of jurisdiction or abuse of power. The jurisprudence of the administrative judiciary has settled on the fact that the deadline for appealing the counter-decision begins from the date the concerned party becomes aware of it, and not from the date of the original decision, which ensures the protection of the rights of litigants and strengthens the principle of legality in public administration.

How do you deal with an administrative decision?

If an administrative decision has been issued against you and you need to understand its legal nature, these four tips may help you protect your rights:

1. Familiarize yourself with the systems related to the subject of your decision, such as the Board of Grievances system. This will help you understand the legal basis of the decision and whether it is in accordance with the system or not.
2. Request the decision in writing because the official copy is the primary evidence you will rely on if you wish to object or appeal.
3. Consult a specialized lawyerIn administrative law, it can assess the legality of the decision, guide you to the correct procedure, and help you file a lawsuit within the specified period.
4. The deadline for appealing to the Board of Grievances is 60 days from the date you become aware of the decision. Exceeding this period means that your claim will be rejected on procedural grounds, even if the decision is illegal.

In any case, dealing effectively with an administrative decision begins with a thorough understanding of it, followed by seeking expert advice, while adhering to the legal deadlines for appeals. For further information on this topic or to obtain appropriate consultation, we would be pleased to hear from you.Abdulaziz bin Yasser Al-Anzi Law Firm.
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