Legal System for Appeal Against the Judicial Decision Issued for Cessation of Administrative Decision Implementation Case Study (France, Egypt And Jordan)
DOI:
https://doi.org/10.61841/wr5b6j20Keywords:
appealing, judicial judgment, cessation of administrative decision.Abstract
In this research entitled " Legal System for Appeal Against the Judicial Decision Issued for cessation of Administrative Decision Implementation" we addressed in details ways of appeal that are legally approved in the French, Egyptian and Jordanian legal systems for appeal against the first instance administrative courts' judgments issued for applications of appeal against administrative decision implementation , then conditions of accepting appeal at second instance supreme courts were addressed and finally there was an investigation for implications of accepting appeal against implementation cessation judgments and how administrative supreme courts' control in Egypt, Jordan and the French state council for the first instance courts decisions issued for cessation the administrative decision implementation.
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[1] 1.The Jordanian legislator is recommended with determining a specific way to appeal against verdicts of administrative verdicts issued for cessation of implementation by mandating the articles 25 and 29 of the administrative judiciary to be appropriate for this recommendation.
[2] 2.The Jordanian legislator is recommended to explicitly indicate the provision of serious reasons as one of the provisions for cessation of implementing administrative decisions and adding this provision to item (A) of article 6 of the Jordanian administrative judiciary.
[3] 3.The Jordanian legislator is recommended to explicitly stipulate the ways of informing the issued judicial verdicts from the administrative and the administrative supreme courts.
[4] 4.The Egyptian legislator is recommended to explicitly stipulate in the state council law the possibility of appeal against judicial verdicts issued for cessation of implementation and to shorten the appeal time from 60 days to 15 days as these compared in this study.
[5] 5.Finally, The Egyptian legislator is recommended with the necessity of giving adversaries the right to appeal in the supreme administrative court with the participation of the chief of commissioners according to the cases of appeal in the state council law.
[6] References :
[7] Legislations
[8] The Hashemite Kingdom of Jordan's 1952 Constitution.
[9] 2.The Jordanian Code of Civil Procedure No. 1
[10] 3. The Jordanian Administrative Judiciary Law No. 27 of 2014.
[11] 4.Egyptian Civil and Commercial Procedures Law No. 13 of 1968.
[12] 5.Law of the Egyptian Council of State No. 47 of 1972.
[13] 6.Code de justice administrative
[14] Books :
[15] Abu Albasal, Abdennasir Mousa (2000 ) Theory of the judiciary verdict in legislation and law. Dar Alnafae's for publication. Jordan . Ed1.
[16] Abdellrahman, Mohammad Saed ( 2001) Judicial verdict : its concept, divisions, issuance , content and effects. Dar Alnahdah Alarabeyyah. Cairo. Ed1.
[17] Khalifah, Abdelaziz ( 2006) Urgent cases judiciary, cessation of implementing administrative decision with possibilities of implementing verdicts of evidence preparation case. Dar Alfikr Alarabi. Alexandria.
[18] -Basyouny, Abdelghani ( 2001) Cessation of implementation of the administrative decision in administrative judiciary. Alahalabi publications. Beirut . ed2.
[19] Alghouthi, bin Malaha (2000) Urgent judiciary and its applications in Algeria. Functional Bureau of Educational Works. Algeria. Ed1.
[20] Hakal, Ali Abu A'tyyah ( 2007) Explaining procedures' law. University office for publications. Alexandria.
[21] Sultan, Anwar (2005) Evidence rules in civil and commercial items. Dar Aljamea'ah Aljadidah. Beirut .
[22] Fahmi, Mustafa ( 2005 ) Administrative judiciary and state council ,part1, cancelation judiciary . University office for publications. Alexandria.
[23] Albadawi, Esmael Ibrahim ( 2013) Administrative judicial verdicts' journal. Dar Alfikr Aljame'y. Alexandria.
[24] Esmael , Khamis Alsayyed ( 2002) Administrative judiciary encyclopedia " cancelation lawsuit and cessation implementation of the administrative decision " . part2. Dar Mahmoud for publication. Cairo.
[25] Abdellatif, Mohammad ( 2002) Administrative judiciary law, second book ( cancelation lawsuit ). Dar Alnahdah Alarabeyyah. Cairo.
[26] Scientific Theses
[27] Ali , Ahmad Yousuf ( 2007 ) Administrative grievance and date of cancelation lawsuit. PhD Thesis. Faculty of Law. Tanta University.
[28] Jado, Mohammad Ibrahim ( 2008) Administartive procedures for appeal against judicial verdicts. PhD Thesis. Faculty of Law. Tanta University.
[29] Scientific Researches:
[30] Almdanat, Nafis Saleh ( 2002 ) Cessation the implementation of valid administrative decision in the judgment of the Jordanian supreme justice court. Journal of law. Kuwait University. Vol 26, Issue 4.
[31] Ghitawi, Abdelqadir (2013) Administrative decisions between validity and the cessation of its implementation: comparative study. Journal of Policy and law notes. Algeria. Issue9.
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