The Impact of the Implicit Administrative Decision on the Scope of the Public Office and its Applications

(Kurdistan Region - Iraq as a model)

Abstract

In the exercise of its administrative activity, the administration enjoys privileges and discretion, including the issuance of administrative decisions through the daily practice of its administrative activity, in order to achieve its goals, which are the public interest. For its will with the aim of creating a legal effect either to cancel, amend or establish an existing legal position, and this disclosure may be in the form of a positive or negative administrative decision or an explicit or implicit administrative decision, and the latter is the subject of the study or this research, which arises from the silence of the administration during the legally specified period, To take an administrative decision issued by the administration to a specific person or employee, and accordingly, the implicit administrative decision, whether it is acceptance or rejection, has an impact on an existing legal position. With the public employee, we take the Kurdistan Region - Iraq as a model for these applications in the areas of grievance, resignation and voluntary retirement.