Penalties for the Administration’s Breach of Legal Periods (Comparative Study)

Abstract

 Legal periods generally refer to the timeframes set by the legislature to regulate administrative and judicial procedures. For the administration, legal periods are the timeframes within which actions must be taken or decisions must be issued. The administration must observe several types of legal periods, including the period for responding to requests, grievances, and complaints, as well as the period for implementing judicial rulings issued against it, among others. The length of these periods also varies according to the type and urgency of the request submitted to the administration, whether it is urgent or non-urgent.

       The legislator’s establishment of a specific period for the administration to make a decision or take action aims to achieve legal stability and security in legal relationships and positions, ensure legitimacy, and safeguard individual rights. Therefore, the administration must comply with these periods; otherwise, delays or procrastination will result in liability. Such liability may include financial penalties, such as compensation or an obligation to take the required action. It may also extend to the personal liability of the concerned employee, whether civil, criminal, or disciplinary.

        The administration is not exempt from liability even if the legislator does not specify an explicit timeframe, as the period available is not open-ended or absolute; rather, it must be “reasonable” under the circumstances. The administration’s delay or failure to respond to requests or implement rulings constitutes a negative administrative decision that may be appealed for annulment.