Dr Saad Al Enezi & Dr Abdul Rahman Al Hajiri
Assistants Professors of Public Law
Kuwait International Law School

Abstract:

There was a time when judicial supervision of administrative decisions did not exist in the Gulf Cooperation Council countries, even though judicial supervision of administrative decisions is not an option, but rather a necessity dictated by the legal state carrying out its work, the most important of which is the protection of human rights and freedoms. Today, the countries of the Gulf Cooperation Council have realized the importance of judicial supervision over the work of administration, and administrative disputes in them have received a type of judicial supervision, which differs according to the legal organization of each GCC country.
There is no doubt that the supervision of annulment exercised by the administrative judiciary over administrative decisions is extremely necessary, provided that it is simplified without limits or restrictions on all administrative decisions, which is what this study aims to achieve, which attempts to address the methods of the Gulf Cooperation Council countries in organizing judicial supervision through a descriptive and comparative analytical approach in two axes, the first presented the foundations of supervision of administrative disputes, while the second discussed the scope of the courts’ jurisdiction to annul administrative decisions.
The study examined the different methods of the Gulf Cooperation Council countries in organizing judicial supervision of administrative decisions. Some of them adopted the unified judicial system, and some adopted the dual judicial method, which is what the Kingdom of Saudi Arabia and the Sultanate of Oman followed, while the rest of the countries adopted the first system. The study concluded that administrative disputes in the Gulf Cooperation Council countries lacked comprehensive legal regulation. Moreover, the jurisdiction of the courts and administrative departments therein did not include all administrative disputes, a deficiency that should be remedied in the near future. He recommended that the legislator establish an independent administrative judiciary alongside the judiciary, and work to ensure that the jurisdiction of the judiciary includes all administrative disputes, similar to what is done in France and Egypt.

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