Law of Procedure before the Board of Grievances and its Executive Regulation

Part 1: General Provisions

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Article 1

  • Courts of the Board of Grievances shall apply the provisions of Sharia to cases brought before them, as stated in the Quran and Sunnah as well as laws not conflicting therewith. Court proceedings shall comply with the provisions of this Law.

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Article 2

  • Venue jurisdiction shall be vested in the court with jurisdiction over the defendant’s domicile; branch office if the case relates to said branch; or an employee’s place of work in disciplinary actions.

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Article 3

Previous Amendments

Notification of the dates and procedures stipulated in this law may be made by registered mail with acknowledgment of receipt, or by one of the electronic means specified in the Civil Procedures Law.

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Part 2: Case Filing and Recording

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Article 5

  • 1. An administrative case may be initiated by means of a statement of claim filed by the plaintiff or his representative with the competent court. Said statement of claim shall contain the information provided for in the Law of Civil Procedures, subject to the provisions of paragraph (2) of this Article, and it shall be accompanied by as many copies as per the number of defendants. The Administrative Judicial Council may, if necessary, require additional information and documents to be attached with the statement of claim, pursuant to a decision published in the Official Gazette.

  • 2. In the cases provided for in Article 13(a and b) of the Law of the Board of Grievances, a statement of claim shall contain the date of the decision notification, knowledge thereof, or publication thereof in the Official Gazette, as the case may be, as well as the date and outcome of the grievance.

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Article 6

Previous Amendments
  • 1- The competent administration in the court shall register the Statement of Claim if it meets the requirements according to Article (5) of this Law. If it decides not to register it due to non-compliance, the Applicant must fulfill the deficiencies within thirty days from the date of notification. If the Applicant does not fulfill the requirements within this period, the claim shall be considered as if it never existed. If the claim is registered after fulfilling the requirements, it shall be considered registered from the date of submitting the registration request. The administration must prove the date of the registration request in all cases. The administration shall establish - in the presence of the person who submitted the Statement of Claim - the date of the hearing set for its consideration, and shall refer the claims to the chambers according to rules issued by the President of the Administrative Judicial Council.

  • 2- In addition to the Defendant, both the Ministry of Finance and the General Auditing Bureau shall be notified of the date of the hearing.

  • 3- Notification by electronic means is considered received unless a notice of non-delivery is received, or the notifier proves from the competent authority that it was not received.

  • If it relates to civil service matters, the Ministry of Civil Service shall be notified, and the period between the notification and the date of the hearing must not be less than thirty days.

  • The Ministry of Finance, the General Auditing Bureau, and the Ministry of Civil Service - as applicable - may send their opinions to the Administrative Court or request participation in the pleading, prior to the hearing date with sufficient time.

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Article 7

  • A disciplinary action shall be filed by submitting the statement of claim and all investigation documents to the competent court. The statement of claim shall contain the employee’s name, capacity, and place of work as well as the violation attributed to him, its place of occurrence, evidence, and the legal provisions to be applied.

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Article 8

Previous Amendments
  • 1- In the lawsuits stipulated in paragraph (A) of Article (Thirteen) of the Law of the Board of Grievances, before being raised to the administrative court, an appeal must be made to the Ministry of Civil Service or the military entity to which the employee belongs within ten years from the date of the emergence of the claimed right, unless the defendant acknowledges the right or there is a legitimate excuse that prevented the filing of the lawsuit, which is proven to the court. The Ministry of Civil Service or the military entity to which the employee belongs must decide on the appeal within sixty days from the date of its submission.

  • 2- If a decision is issued by the Ministry of Civil Service or the military entity to which the employee belongs rejecting the appeal, or if the period specified in the previous paragraph passes without a decision, the lawsuit may be raised to the administrative court within sixty days from the date of knowledge of the decision issued with the rejection or the expiration of the mentioned sixty days without a decision on the appeal, or within the remaining ten years mentioned in paragraph (1) of this article, whichever is longer. The decision issued by the Ministry of Civil Service or the military entity to which the employee belongs rejecting the appeal must be reasoned.

  • 3- If a decision is issued by the Ministry of Civil Service or the military entity to which the employee belongs acknowledging the plaintiff's entitlement to what he claims and the administrative agency does not implement it within sixty days from the date of notification, the lawsuit may be raised to the administrative court within the sixty days following this period or within the remaining ten years mentioned in paragraph (1) of this article, whichever is longer.

  • 4 - In the absence of a specific provision, in the lawsuit – stipulated in paragraph (B) of Article (Thirteen) of the Law of the Board of Grievances if it is not related to civil service matters – it must be preceded by an appeal to the entity that issued the decision within sixty days from the date of knowledge of it, and knowledge of the decision is achieved by notifying those concerned of it, or by publishing it in the official gazette if notification is not possible.

  • That entity must decide on the appeal within sixty days from the date of its submission. If its decision is issued rejecting the appeal or the specified period passes without a decision, the appellant may raise the lawsuit to the administrative court within sixty days from the date of knowledge of the decision issued with the rejection or from the date of the end of the sixty-day period specified for the entity without a decision on the appeal. The decision of the entity rejecting the appeal must be reasoned.

  • Before raising the lawsuit – if it is related to civil service matters – an appeal must be made to the Ministry of Civil Service alone without the administrative agency, within sixty days from the date of knowledge of the decision.

  • The ministry must decide on the appeal within sixty days from the date of its submission. If its decision is issued rejecting the appeal or the specified period passes without a decision, the appellant may raise the lawsuit to the administrative court within sixty days from the date of knowledge of the decision issued with the rejection or from the date of the end of the sixty-day period specified for the ministry without a decision on the appeal. The decision of the ministry rejecting the appeal must be reasoned. If its decision is issued in favor of the appellant, and the administrative agency does not implement it within sixty days from the date of notification, he may raise a lawsuit to that effect to the administrative court within sixty days from the end of this period.

  • 5- As an exception to the provisions in the previous paragraph; the court may accept the cancellation lawsuit - during the mandatory appeal period - in urgent cases when it is accompanied by a request to stay the execution of the administrative decision to be canceled, provided that an appeal is made to the entity that issued the decision, and the court decides promptly on the request to stay the execution, and considers the subject of the lawsuit after the end of the mandatory appeal period or if the entity that issued the decision rejects his appeal before the end of this period.

  • 6- In the absence of a specific provision, the lawsuits stipulated in paragraphs (C, D) of Article (Thirteen) of the Law of the Board of Grievances are not heard after ten years from the date of the emergence of the claimed right, unless the defendant acknowledges the right or the plaintiff presents an excuse accepted by the competent court.

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