Stay of Execution of Administrative Decisions in Libyan Legislation

Abstract

The general rule requires the implementation of administrative decisions issued by public authorities, even if they are challenged by cancellation before administrative courts, based on the principle of validity and legitimacy of the decision. However, in many cases, under the pretext of achieving public interest, administrative authorities take decisions that affect the rights and legal positions of some individuals and entities, causing significant harm that cannot be remedied or addressed at a later stage after the decision is issued and implemented.

Therefore, it was necessary to resort to a legal system that ensures a balance between the administration's interest in implementing its decisions and the interest of affected individuals in suspending those decisions to protect their private interests. Hence, the legislator deviated from the general rule and permitted, in Article 7 of the Administrative Judiciary Law No. 88 of 1971, the suspension of the implementation of the challenged administrative decision if explicitly requested in the lawsuit