Administrative Withdrawal as an Exceptional Means of Terminating an Administrative Decision

Abstract

The administration possesses the authority to withdraw an administrative decision tainted by illegality with retroactive effect. This authority constitutes one of the recognized prerogatives of the administration under the principle of administrative self-control, empowering it to reconsider its own acts whenever they are found to be contrary to law. The exercise of the power of withdrawal results in the annulment of the unlawful decision and the eradication of all its legal effects from the date of its issuance, as though it had never existed, thereby restoring the legal situation to its original state and reaffirming the supremacy of legality

The power of withdrawal embodies the administration’s adherence to the principle of legality and its subjection to the rule of law. It serves as an effective instrument for rectifying legal and substantive defects affecting administrative decisions, while safeguarding the regular and orderly functioning of public services. Furthermore, this power constitutes a fundamental guarantee for the protection of individuals’ rights and legal positions against the harmful consequences that may arise from unlawful administrative decisions, within a balanced framework that reconciles the requirements of legality with the need for legal certainty and stability