Legal nature of the challenge to admissibility of the action for the annulment of the administrative decision “A comparative study”

Abstract

This study aims at defining the challenge to the admissibility of the action for the annulment of the administrative decision through reviewing the juristic opinions in this concern as well as the judgments of courts concerning the same. This study also shows the legal basis of this challenge and the legal nature thereof, upon which the juristic opinions have been diversified in order to identify the most accepted opinion. This study also aims to clarify the mechanism of the administrative control over this challenge by analyzing and clarifying the judgments said by the judiciary in the countries under comparison, without access to the rules of this challenge and the legal effects of the judgment therewith.

One of the most important recommendations of the study was the necessity of having a judgment related to the challenge to the admissibility of the action for annulment and considering it public order, and this challenge shall be initiated at any stage of the case, in addition to the court may also initiate it ex officio. The study also does recommend that the Jordanian legislator shall adopt a specific theory concerning challenges, which shall have a place in the Jordanian Code of Civil Procedure in a manner that is keen to indicate the nature and provisions and the differences between them.

Keywords: Challenges, action for annulment, pleas in abatement, pleas in bar

DOI: 10.7176/JLPG/91-17

Publication date: November 30th 2019