English Abstract
Abstract :
A detachable decision is one of a group of elements that are within the complex administrative process and its existence highlights the importance of the analytical approach to the judicial work. The separation of the administrative decision from this process is one of the tools that the judge must use to research for individual legal behavior (Administrative Decision) that is marred by its illegality and causes harm to others.
Hence, separation is an effective tool for the judge to solve basic problems, the first of which is to subject the most administrative actions to the supervision of the judge of legality, second, to determine the jurisdiction of the judge competent to consider the complex administrative process instead of being considered by another non-competent judge and finally to fill the gaps of denial of justice.
As per the above, the aim of this research is to explain the various administrative decisions taken by the administration in the complex administrative processes of its various stages. Therefore, it is important to focus on the place that the concept of detachable decisions occupies in the light of jurisprudence in Bahraini and comparative legislation.
In the analysis of the complex process, the judge can only recognize the idea with one of the two results. The first is that the administrative decision is not considered part of the complex process integrated into it by considering its immediate and direct goal. The second is that the administrative decision is considered integrated with the process, so that it appears at first sight as an integral part of it. After that, the judge can consider the extent of the legitimacy of the first result. To reach this, the illegality of the decision that was separated from the complex process, it must be first confirmed that the decision was marred by a defect of legality, there is a legal system for it and the rules governing it are distinguished from the rules governing the complex administrative process.
