Lack of grievance and missed appeal date as one of the defenses related to the cancellation claim: A comparative study

The administrative authority exercises its legal activity by issuing administrative decisions regulating the issues entrusted to it. However, these decisions may be flawed by violating the law or by deviating from the Authority. Therefore, the legislator is turned to allow the stakeholder to complain about the decision to the issuing authority before proceeding to appeal the decision before the courts of the Council of state. Thus, for the importance of the legality of the decision to withdraw the administration for its illegal decision, the laws of the State Council tended to consider the lack of due process as a defense that the defendant (representative of the administration) can use to dismiss the cancellation claim .Due to the importance of the grievance and the stability of transactions between the administration and individuals, the legislator decided to set the date of the appeal, in order not to put the administration under threat of canceling the decision for a long period of time, as the defendant (representative of the administration) can pay the missed appeal date to dismiss the cancellation claim .