Time Limit for filing an annulment lawsuit in light of the rulings of the Libyan Administrative Judiciary Circuits

Abstract

An annulment lawsuit, like other legal lawsuits, is bound by a specific deadline. This deadline is a specific period within which it must be filed, otherwise the right to file it is forfeited. The rationale behind setting a short deadline for filing an annulment lawsuit is that the public interest requires that administrative decisions issued by public authorities be stabilized. They should not remain threatened with annulment indefinitely and without a specific deadline, especially since these decisions may establish vested rights for individuals. Therefore, these rights must be preserved and their stability ensured as much as possible. The Libyan legislator's careful consideration of the deadline for filing an annulment lawsuit, and its extreme importance, means that the expiry of the appeal deadline results in the decision gaining immunity against annulment. The legislator, in setting the short deadline, took into account the speed of adjudication in the lawsuit, in order to ensure the authority of decisions and the related stability in legal positions, thus protecting the public interest. The Libyan legislator set a short deadline of sixty days. Based on the above, this research aims to provide a deeper understanding of the issue of the deadline for annulment lawsuits, in terms of renewing when the deadline for annulment lawsuits begins and how to calculate it, and studying the cases in which the deadline for annulment lawsuits is extended. In conclusion, we conclude that the constructive role of the Libyan judiciary is clearly evident in its adoption of the theory of certain knowledge as a reason for the expiry of the deadline for annulment lawsuits. Furthermore, the expiry of the sixty-day deadline does not, in any case, mean that the decision is immune from annulment, as it has been shown that there are decisions that are not immune from annulment, no matter how long the period.