Approaches towards the Independency of the Administrative System of the Administrative Judiciary from the Administrative System of the Ordinary Judiciary (Justice) in Jordan: Applied Study for the Provisions of the Jordanian & French Legislation and Judiciary
Keywords:
Judiciary independency, administrative system, administrative judiciary, ordinary judiciary (justice)Abstract
This research deals with the approaches towards the independency of the administrative system of the administrative judiciary from the administrative system of the ordinary judiciary in Jordan (applied study for the provisions of the Jordanian & French Legislation and Judiciary). This study aims at laying down the basic legal foundation for applying the administrative judiciary independence from the ordinary judiciary and banning the interference of the ordinary judiciary with the works of the administrative judiciary in all respects. In fact, the independency, from the special administrative aspect, is represented by laying down a judicial independence law concerned with the administrative judiciary that shall regulate the conditions for hiring administrative judges, transfering, delegation, and promoting them as well as the disciplinary penalties imposed on them. Actually, and as for the administrative legislator in France, then the same adopted the judicial duality for which it caused the administrative judiciary to be a judiciary independent from the ordinary judiciary in all respects in addition to regulating the conditions of hiring the administrative judges, transfering, delegation, and promoting them and the disciplinary penalties imposed on them according to the French Administrative Judiciary Law Hence. In this research, the nature of the administrative system independency of the administrative judiciary shall be approached in addition to approaching the legal situations concerned with all the administrative affairs of the administrative judges including the transfer, delegation, promotion and subjecting to disciplinary. Finally, the study concluded several conclusions and recommendation that were recited at the end of the research.
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References
Abdel Wahab, M., and Mohammad, H. (2001). The Principles of the Administrative Law. Alexandria: University Publications House.
Abu Hamad, A. (2005). The Principle of the Judiciary Independence in the Islamic State, [a master thesis, the Islamic University], Gaza, Palestine.
Abu Zeid, F. (1956). Al-Wajeez in Administrative Law (a comparative study), the Theory of the Public Facility and the Labors of the general Administration. Cairo: Arab Fikr House.
Al-ajarma, N. (2007). The Disciplinary Authority of the Public Employee "a comparative study". (1st ed.). Amman: Al-Thaqafa Publishing & Distribution House.
Alalwan, A. (2016). The Two Degrees Administrative Litigation and Its Role in Saving Personal Rights and Freedom. Dirasat: Shari’a and Law Sciences, 43(1), 188-192.
Al-Baqi, M. (2016). The Reality of the Palestinian Judicial System: between Independence and Activity. Magazine of Sharia & law Sciences, University of Jordan, Amman, 43(4), 1612-1614.
Al-Bustani, S. (2003). The Nationality & nationalism According to the Legislations of the Arab Countries: a comparative study. Beirut: Al-Halabi Law Publications.
Al-Hillow, M. (1983).The Administrative Law. Alexandria: Publications & Publishing House.
Al-Khalaileh, M. (2012). The Administrative Law. (2nd ed.). Amman: Al-Thaqafa Publishing & Distribution House.
Al-Khalaylah, M. (2013). The Independence of Judicial Review Procedures from those adopted in Civil Law Cases in Jordanian Law. Dirasat: Shari’a and Law Sciences, 40(1), 29-30.
Al-Mihdawi, H. (1986). Explanation of the Provisions of the Public Position. Tripoli: the State Publishing & Distribution Institution.
Al-Qaisi, N. (2017). The Impact of the Disciplinary Warrantees for the Judges to Support the Principle of the Judiciary Independence: comparative study. Dirasat: Shari’a and Law Sciences, 44(1), 282-285.
Al-Shatheli, F. (2010). The Independence of the of the Egyptian Judiciary System: Reality & Hope. The Magazine of Legal & Economic Researches, University of Alexandria, 2, 239-240.
Al-Zughbi, Kh., (1993) the Administrative Law and its Applications in the Hashemite Kingdom of Jordan 2nd Version, Amman: Al-Thaqafa Publishing & Distribution House.
Arsalan, S. (2015). Independence of Judiciary: the Possible Bet. Magazine of Jurisprudence and Law, Morocco, 29, 7.
Bubaker, A. (2014). The Disciplinary Responsibility of the Courts Officials. Alexandria: Al-Fath Printing House.
Budiaf, A. (2006). The State Council of Algeria between the Mission of Opinion and the Multiplicity of Judicial Specializations. Magazine of Barlamani Mufikker, 13, 46.
Budiaf, A. (2011). Al-Waseet in the Cancelation Judiciary, a comparative study supported by recent judicial applications in each of Algeria-Frabnce-Tunisia-Egypt. (1st ed.). Amman: Al-Thaqafa Publishing & Distribution House.
Burabie, N., and Faraji, M. (2016). The Legal Regulation for the Competence Hindrances between the Algerian Civil Law and the Family Law, [master thesis, Abdel rahman Mira-Bejaya], 9.
Circulaire du 18 mai 2016 relative à l’application du décret n° 2008-15 du 4 janvier 2008 modifié relatif à la mobilité et au détachement des fonctionnaires des corps recrutés par la voie de l’École nationale d’administration.
Circular of 18 May 2016 on the Application of Decree No. 2008-15 of 4 January 2008 amended on the Mobility and Secondment of Civil Servants Recruited through the National School of Administration.
Code de justice administrative - Dernière modification le 01 janvier 2019
Code of Administrative Justice - Last modification on January 01, 2019
Constitute-france, 2008.
De Laubadere, A., Venezia, J., & Gaudemet, Y. (1999). Character of Administrative Law. General Administrative Law, General Library of Law and Jurisprudence, 371.
Faridi, M. (2012). The Right to Occupy Public Positions, the Occupation of Women for the Judiciary, comparative study, [master thesis, Wahran University], Algeria, 25.
Freihat, A. (n.d). The Project of Promoting the Ruling of Law and Integrity in the Arab Countries-Report on the Situation of Judiciary in Jordan-second draft, Arab Center for Developing the Ruling of Law and Integrity.
Hamidi, A. and Hasan, F. (2015). The Administrative & Financial System of the Administrative Judiciary in Iraq: comparative study. Magazine of Takreet Legal Sciences University, Iraq, 27(7), 4-22.
Hebraud, P. (1959) Justice 59 "L'autorite judiciaite", Dalloz, P.P.77. http://arabic.conseil-etat.fr/node_34144.
Hussein, A. (2006). The Jurisdiction of the Administrative Judiciary in Light of the Constitutional Principles, [Phd thesis, Cairo University], 164-167.
Jazia, S, (2008). The System of the State Council According to the Algerian Judiciary, [Phd thesis, University of Algeria Bin Yousef bin Khadda], 106-115.
Joudeh, S. (2009). The Disciplinary, Practical & Physical Fitness for Appointment at Public Positions: a comparative study. (1st ed.). Cairo: Arab Renaissance House.
Kanaan, N. (2007). The Administrative Law. (1st ed.). Amman: Al-Thaqafa Publishing & Distribution House.
Khalaf, L. (2017). The efficiency of the Iraqi Administrative Judiciary Regulation in protecting the Human Rights. Dirasat: Shari’a and Law Sciences, 44(1), 72-76.
Khathiri, A. (2016). The Legal Regulation for Transferring the Public Employee according to the Algerian Legislation, [master thesis, University of Arabi tebsi], Algeria, 8-9.
Lemontey, J., & Patureau, Y. (1961). Le centre National d' Etudes judiciaires et la Formation des magistrate. Dalloz, 49.
Muhanna, M. (1983). Al-Wajeez in Administrative Law. Alexandria: Al-Shaer Press.
Nweiri, A. (2006). The administrative Dispute in Algeria, its development and Characters. Magazine of the State Council, 8, 39.
Omaria, J. (2014). Appointment at the Public Position (comparative study), [master thesis, Al-Najah National University], Nablus, Palestine, 7-31.
Omran, M. (2002). The General Principles in Law, Introduction to Law, the Theory of Obligation. Lebanon: Al-Halabi Law Publications.
Ordinance No. 58-1270 of December 22nd, 1958 Carrying Organic Law Relating to the Statute of the Magistracy, modified by LAW No. 2016-1090 of August 8th, 2016.
Ordonnance n° 58-1270 du 22 décembre 1958 portant loi organique relative au statut de la magistrature, Modifié par LOI n° 2016-1090 du 8 août 2016.
Rousseau, D. (2006). Law of the Constitutional Litigation. (1st ed.). Montechrestien: Paris.
Salman, A. (2011). The Constitutional Judiciary and the Principle of Separation between the Authorities-Studies in Constitutional Justice, The Constitutional Council, Lebanon.
Sojour, K. (2005). The Position of Judge in the French Judicial regulation (the Independence and Responsibility). Arab Security Sciences Nayef University, Saudi Arabia.
Swailmieen, S. (2013). The Legal System of Promotion in Government Jobs. Dirasat: Shari’a and Law Sciences, 40(1), 1071.
The Constitution-France, 2008.
The Jordanian Administrative Judiciary Law No. (27) of 2014 published on page (4866) of the official Gazette No. (5297) dated 17/8/2014.
The Jordanian Constitution of 1952 and the amendments thereof firstly published on page (3) of the Official Gazette dated 8/1/1952.
The Law on the Jordanian Judiciary Independence No. (29) of 2014 issued in the Official Gazette No. 5308 dated 16/10/2014 on page 6001 amended by the Law No. (26) of 2017 issued in the Official Gazette No. 5475 dated 13/8/2017 on page 4888 amended by the Law No. (23) of 2019 issued in the Official Gazette No. 5596 dated 19/9/2019 on page 5539.
The orders of the former Higher Justice Court, the orders of the Higher Administrative Court and the orders of the Administrative Court in Jordan.
The orders of the French Administrative Courts http://arianeinternet.conseil.
The orders of the French Administrative Courts represented by the state Consultation/Opinion Council.
The orders of the Jordanian Constitutional Court.
The publications of the legislative website of the Bar Association: www.jba.qarark.com.
Voir, A. (2011). Serge. Ginchard: Fair Trial.
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