Recent Developments of the Cancellation Lawsuit before the Saudi Board
of Grievances: A Critical Analysis Study
Dr. Hassan Bin Mukhtar Al Moenes
Assistant Professor of Public Law – College of Law – University of King Faisal – KSA
Abstract:
The legal system of the cancellation lawsuit (known as an appeal of misuse of power in the French system) has witnessed a remarkable development in recent years in the Kingdom of Saudi Arabia, especially after the issuance of the amended Grievance Board Law in 2007 and its executive regulations in 2013.
The main issue of this research is to track the manifestations of the development of the cancellation lawsuit before the courts of the Saudi Board of Grievances and its manifestations through the laws, regulations and judicial rulings, relying on highlighting the strengths and weaknesses of the cancellation lawsuit.
The research highlights the manifestations of this development, especially through two tracks: the first relates to the trend towards expansion in the field of accepting the lawsuit through accepting consideration of the lawsuit for cancelling decisions that were not subject to the cancellation lawsuit before, as well as by expanding the objective conditions in accepting the lawsuit. As for the second track, it relates to the trend towards expediting the consideration of the case and facilitating the stakeholders, by shortening the deadlines for filing the case and simplifying the procedures for admission.
The research concluded that there are some deficiencies that still hinder the cancellation lawsuit in the Kingdom of Saudi Arabia, especially those related to many administrative decisions remaining outside the scope of the lawsuit, as well as the relatively harsh conditions for accepting consideration of the case.
Finally, our suggestion is to limit the concept of sovereignty actions and to reduce the period of consideration of pre-grievance from 60 days (currently) to 30 days (proposed), in order to expedite consideration of the deadlines for filing a lawsuit of cancellation, and in support of the role of this lawsuit in the march of major developments taking place in the Kingdom in recent years and its continuous pursuit of achieved justice.
Keywords: Extending the examination of the case, accelerating the examination of the case, the administrative judiciary, the Board of Grievances, Saudi Arabia