The administrative case is filed at the request of the plaintiff submitted to the President of the Board of Grievances or his delegate, including the details of the plaintiff and the defendant, the subject of the case, and the date of the administrative agency's claim to the asserted right if it is something that must be claimed before filing the case according to Article Two of these rules and the result of the claim, or the date of the appeal against the contested decision if it is something that must be appealed to the administrative agency before filing the case according to Article Three of these rules and the result of the appeal. The President of the Board refers the case to the competent circuit that falls within its jurisdiction where the main office of the defendant agency is located or the competent circuit that falls within its jurisdiction where a branch of this agency is located if the plaintiff requests that and the case is related to this branch.
The competent circuit may seek the assistance of a specialist to prepare the case under its supervision.
In the cases stipulated in paragraph (1) of Article Eight of the Law of the Board of Grievances, the following must be observed before raising them to the Board:-
A- The competent Administrative Agency must be notified within five years from the date the claimed right arose, unless there is a legitimate excuse that prevented the claim, which must be proven to the competent circuit of the Board. The Administrative Agency must decide on it within ninety days from the date of submission. As for rights that arose before the enforcement of this Regulation, the period for claiming them begins from the date of its enforcement.
B- If the decision of the Administrative Agency to reject the claim is issued within the period specified in the previous paragraph, or if this period elapses without a decision on the claim, it may not be raised to the Board except after appealing to the Civil Service Board within sixty days from the date of knowledge of the decision issued rejecting the claim or the expiration of the period specified in the previous paragraph without a decision. The decision issued by the Administrative Agency rejecting the claim must be substantiated, and the Civil Service Board must decide on the appeal within sixty days from the date of its submission.
C- If the decision of the Civil Service Board to reject the appeal is issued or if the period specified in the previous paragraph elapses without a decision, a lawsuit may be raised to the Board of Grievances within ninety days from the date of knowledge of the decision issued rejecting the appeal or the expiration of the mentioned sixty days without a decision on the appeal, or within the remaining five years mentioned in the first paragraph of this article, whichever is longer. The decision issued by the Civil Service Board rejecting the appeal must be substantiated.
D- If the decision of the Civil Service Board affirms the plaintiff's entitlement to what he claims and the Administrative Agency does not implement it within thirty days from the date of notification, a lawsuit may be raised to the Board of Grievances within the following sixty days or within the remaining five years mentioned in the first paragraph of this article, whichever is longer.
In cases where there is no specific provision, the lawsuit mentioned in paragraph (B) of Article Eight of the Law of the Board of Grievances must be preceded by an appeal to the competent Administrative Agency within sixty days from the date of knowledge of this Decision. Knowledge is established by notifying the concerned parties or by publishing it in the official gazette if notification is not possible. For Decisions issued prior to the enforcement of this Regulation, the period for appeal begins from the date of its enforcement.
The Administrative Agency must decide on the appeal within ninety days from the date of its submission, and if the Decision is a rejection, it must be reasoned. The passage of ninety days from the date of submitting the appeal without a decision is considered as a Decision rejecting it.
The lawsuit, if not related to civil service matters, must be filed with the Board of Grievances within sixty days from the date of knowledge of the Decision issued in rejection or the expiration of the aforementioned ninety days without a decision.
If the lawsuit is related to civil service matters, it is required to appeal to the General Civil Service Board within sixty days from the date of knowledge of the Decision issued in rejection of the appeal or the expiration of the specified ninety days for the Administrative Agency without a decision before filing it with the Board of Grievances.
The General Civil Service Board must decide on the appeal within sixty days from the date of its submission.
If the General Civil Service Board issues a Decision rejecting the appeal or the specified period expires without a decision, a lawsuit may be filed with the Board of Grievances within ninety days from the date of knowledge of the Decision issued in rejection or the expiration of the aforementioned sixty days without a decision on the appeal. The Decision of the General Civil Service Board rejecting the appeal must be reasoned.
If the General Civil Service Board issues a Decision in favor of the appellant and the Administrative Agency does not implement it within thirty days from the date of notification, a lawsuit may be filed with the Board of Grievances within the following sixty days after this period.
Unless there is a specific provision to the contrary, the lawsuits specified in paragraphs (C, D) of Article Eight of the Law of the Board of Grievances shall not be heard after the expiration of five years from the date the claimed right arose, unless there is a legitimate excuse that prevented the filing of the lawsuit, which must be proven before the competent circuit of the Board. As for the rights that arose before the enforcement of this regulation, the period specified for hearing lawsuits shall commence from the date of its enforcement.
Upon the arrival of the case to the head of the department, he must set a date for its consideration and notify the parties to the lawsuit, as well as the Ministry of Finance, the Ministry of National Economy, and the Board of General Auditing. The period between the notification and the date of the hearing must not be less than thirty days. The General Civil Service Bureau must also be notified if the lawsuit pertains to civil service matters referred to in Articles Two and Three of these regulations.
Each of the Ministry of Finance, the Ministry of National Economy, the Board of General Auditing, and the General Civil Service Bureau, as applicable, may send their opinion to the Board of Grievances during this period or request participation in the litigation. In this case, coordination with the government agency that is a party to the lawsuit is required.
Claims for the execution of foreign judgments are raised in accordance with the procedures for filing administrative lawsuits as stipulated in Article One of these rules.
The competent circuit issues its judgment after completing the case documents and hearing the statements of the parties to the dispute or their representatives, either by rejecting the claim or by executing the foreign judgment based on the principle of reciprocity, provided that it does not conflict with Sharia provisions. The prevailing party is provided with an enforceable copy of the judgment bearing the following wording:
(All relevant departments and government entities are requested to work on executing this judgment by all legal means available, even if this requires the use of coercive force through the police).
The filing of the claim does not result in the suspension of the execution of the contested decision; however, the competent chamber may order the suspension of the execution of the decision or may order precautionary or temporary measures urgently when necessary within twenty-four hours of submitting the urgent claim or referring it to them if it deems that the consequences are irreparable, and this is until the original claim is decided.
Criminal and disciplinary lawsuits are filed, including a request to report the crime as dishonorable or a breach of trust as referred to in Article 30/16/C of the executive regulations of the Civil Service Law from the Oversight and Investigation Authority to the Board of Grievances with an accusation decision that includes the names of the concerned parties, their attributes, places of residence, the charges against them, the location of the incident, the evidence of the accusation, and the legal texts required to be applied to them, along with the complete case file.