Developments in the Jordanian Administrative Judiciary Law
Dr. Noufan Alaqil Ajarmeh
Associate Professor of Public Law – School of Law – University of Jordan
This study deals with the most important provisions of the Jordanian Administrative Judiciary Law No. (27) for the year 2014, in order to ascertain the most important provisions brought by the legislator. The legislator’s position under this law is considered as a real turning point in the Jordanian legal system through exiting the unified judiciary’s umbrella and entering into the dual judicial phase. The Jordanian legislator’s position developed considerably concerning the functional jurisdiction of administrative courts regarding the annulment, where the administrative court has the general jurisdiction in considering all appeals relating to administrative decisions. This law also adopted – for the first time – the principle of ‘multiplicity of administrative levels of proceedings’ through the development of the administrative court of appeal, namely the supreme administrative court, in addition to the development of the administrative court as a court of first degree. The legislator settled the jurisprudential and judicial debate concerning several issues relating to the date of filling suits.
In this research, we followed a legal approach through combining the descriptive method with the analytical method by relying on the legislative texts, jurisprudence, and judicial decisions. The study is divided to a preliminary section dealing with the legislative development of the administrative judiciary in Jordan, and then studying the newly developed provisions on the functional jurisdiction in the first section. The second section deals with the provisions of the modern judicial organization, and the third section devotes to the provisions of the date of filling suits, and then comes the conclusion to include the most important recommendations and results.
Inconsequence, this research recommended that the Administrative Judiciary Law shall be amended by introducing all disputes related to administrative contracts within the jurisdiction of the administrative court, and by including under the Administrative Judiciary Law a text that deals with all matters related to the judges of the administrative judiciary court.
Keywords: dual judicial phase, annulment, jurisdiction, disputes related to administrative contracts, administrative court.