What Is the Jurisdiction of the Administrative Court in Saudi Arabia?
Translation of the attached article:
Administrative courts are courts that ensure justice in government-related cases, as they play a fundamental role in examining various administrative decisions and preserving the rights of both individuals and institutions.
The jurisdiction of administrative courts includes several types of cases, such as disputes related to administrative contracts and public employment, making them a vital authority for resolving disputes between government entities and individuals effectively and fairly.
In this article, we will explain the jurisdiction of the administrative court, the cases that fall within this jurisdiction, and how to file a lawsuit before this court.
What Is the Administrative Court in Saudi Arabia?
Administrative courts are the courts responsible for hearing cases that arise between government entities and individuals. The jurisdiction of the administrative court lies in ensuring the application of laws and regulations within the framework of administrative disputes. It provides a way to challenge administrative decisions issued by government entities.
Through these courts, citizens can challenge decisions such as administrative penalties, decisions related to public employment, and any unlawful decisions, which is known as filing a lawsuit against a government entity.
What Is the Jurisdiction of the Administrative Court in Saudi Arabia?
The jurisdiction of the administrative court includes many types of cases, such as:
- Disputes related to administrative decisions, such as hearing appeals against administrative decisions concerning promotion, transfer, or appointment.
- Compensation for damages resulting from administrative decisions, such as hearing cases involving individuals’ claims for compensation for damages caused by unlawful administrative decisions.
- Disputes related to administrative contracts, such as disputes arising from contracts between suppliers or contractors and government entities.
- Administrative penalties, such as hearing appeals filed against administrative sanctions imposed on institutions or individuals.
- Cases related to public employment, such as suspending employees from work or dismissing them.
You can also learn about: the jurisdiction of commercial courts.
The Difference Between the Jurisdiction of the Administrative Court and Other Courts
The jurisdiction of the administrative court lies in hearing administrative disputes that arise between administrative bodies and companies or individuals. These cases include challenges to administrative decisions, such as government employment cases, disciplinary penalties, and compensation claims. Its jurisdiction aims to ensure justice in dealings between government administrations and individuals.
Other courts, however, have jurisdiction over commercial and civil cases, such as personal status cases, real estate cases, financial disputes, and other types of cases and disputes.
Does Your Case Fall Within the Jurisdiction of the Administrative Court?
Administrative courts have several jurisdictions, and many cases fall within their authority, such as:
- Employment and administrative penalty cases, such as appeals against appointment, promotion, and dismissal decisions for public sector employees.
- Appeals related to taxes imposed on companies and individuals.
- Decisions related to issuing licenses or granting exemptions by government entities.
- Financial claims against administrative decisions that caused harm to individuals, such as workers’ compensation cases.
- Administrative complaint cases, such as complaints against decisions related to unfair administrative acts or public employment.
- Appeals against penalties imposed by government entities on individuals or their employees.
Steps for Filing a Lawsuit Before the Administrative Court
There are several steps for filing a lawsuit before the administrative court. Below, we explain them in detail as follows:
Preparing the Statement of Claim:
Filing a lawsuit before the administrative court requires preparing the statement of claim and clarifying the subject matter and reasons for the dispute, as well as the decisions being challenged.
Submitting the Lawsuit Through the Board of Grievances:
You can file the lawsuit electronically through the Board of Grievances portal. It allows applications to be submitted and followed up easily. The electronic form must also be completed in full, and all required documents must be attached.
Case Review Period:
The time required to review administrative cases ranges from 3 to 12 months depending on the type and complexity of the lawsuit. This period may change depending on the volume of evidence or the presence of technical expert reports.
How a Lawyer Specialized in Administrative Court Cases Can Help You
Administrative cases are among the cases that require broad knowledge of regulations and laws, as well as specialized legal skills. The role of a lawyer in this type of case is to provide the necessary legal support to institutions and individuals. Below, we explain how a lawyer specialized in administrative court cases can help you:
Analyzing Administrative Decisions:
The lawyer examines the administrative decision to ensure that it complies with regulations and laws, and also identifies the strengths and weaknesses of the case.
Preparing Administrative Appeals:
The lawyer drafts administrative appeals in a legal manner that includes supporting evidence and documents, while focusing on the legal violations committed by the administrative entity.
Representation Before the Administrative Court:
The lawyer pleads on behalf of institutions or individuals before the administrative court, presents legal arguments clearly, and persuades the judge of the unlawfulness of the challenged decision.
Legal Follow-Up:
The lawyer follows up on the case through its various stages, whether before the court of first instance or the appellate court, while providing continuous advice to clients regarding case developments.
When Do You Need a Lawyer Specialized in the Jurisdiction of the Administrative Court?
Below, we explain the cases in which you need a lawyer specialized in the jurisdiction of the administrative court:
- When specialized expertise is needed, such as cases involving files that require accurate financial calculations or technical reports to prove the extent of damage.
- At the objection or appeal stage, where strict rules apply in terms of deadlines and form.
- When claiming financial compensation or submitting an urgent request to suspend the execution of the administrative decision until the subject matter of the case is decided.
- If the lawsuit has a high financial value or is complex, it is preferable to have a lawyer to ensure well-structured legal drafting.
- Dealing with procedural defenses, such as arguing that the time limit has expired or that the court lacks jurisdiction, which may cause the lawsuit to be dismissed if not addressed correctly from a legal standpoint.
Common Mistakes That May Cause You to Lose Your Right Before the Administrative Court
Many people make procedural or legal mistakes when dealing with the administrative court, which may cause them to lose their rights. The most prominent of these mistakes include:
- Delaying the filing of the lawsuit after the deadline for grievance or appeal has expired.
- Filing the lawsuit before a judicial authority that lacks jurisdiction, which may lead to its formal rejection or delay.
- Submitting an unclear statement of claim or one that lacks specific requests and legal grounds.
- Failing to attach the essential documents that prove the right or support the claims.
- Neglecting the administrative grievance stage in cases where a grievance is required before filing the lawsuit.
- Failing to follow up on hearing dates or respond to memoranda and judicial requests.
- Ignoring the importance of seeking the assistance of a lawyer in complex administrative cases, especially cases related to government decisions or compensation claims.
Services of Nawaf bin Awad Al-Harbi Law Firm in Administrative Cases
Nawaf bin Awad Al-Harbi Law Firm is one of the leading legal firms specialized in administrative cases. It provides distinguished legal services in this type of case, including:
- Preparing and drafting administrative appeals professionally.
- Providing legal advice during and before filing the lawsuit.
- Following up on administrative contract and compensation cases.
- Representing clients before administrative courts.
You can now contact the best lawyer specialized in administrative cases.
Conclusion
The jurisdiction of the administrative court includes many cases, as it plays an essential and important role in resolving various administrative disputes between individuals and institutions. Dealing with it requires a specialized lawyer to submit the appropriate appeals and provide expertise in administrative law and regulations. Therefore, you should look for a good lawyer if you have an administrative case.
Frequently Asked Questions
Can an Administrative Lawsuit Be Filed Online?
Yes, it can. The Board of Grievances provides an electronic service through the Muin platform that allows administrative lawsuits to be filed, required documents to be submitted, and case procedures to be followed up completely around the clock.
Is It Required to File a Grievance Before Filing a Lawsuit Before the Administrative Court?
In some cases, the law requires the affected person to first submit a grievance to the concerned entity within 60 days from the date of becoming aware of the decision. If the grievance is not addressed, the person has the right to file a lawsuit before the administrative court.
How Long Does the Administrative Court Need to Decide the Lawsuit?
The period required to decide an administrative lawsuit varies depending on the type and circumstances of the lawsuit. However, it usually ranges between 3 and 12 months. Simple lawsuits, such as cancellation of decisions, may be resolved within several months, while more complex cases that require specialized expertise or technical reports may take longer.