الـطـعـن أمـام مـحـكـمـة الـقـضـاء الإداري بـمـوجـب قـوانـيـن خـاصـة ( دراســـة مــقـــارنــــة )

Rp- Appeals Presentation to the Administrative Judicial Court According to Special Laws ( A Comparative Study( .pdf

Abstract
This study concerns the appeal before the Administrative Court of decisions issued based on special laws, such as Law No. (21) of 2008 as amended on governorates not organized into a region, and Inclusion Law No. (31) of 2015. Because it is considered the court competent to consider these appeals, especially since, as we know, one of its core jurisdictions is to decide on the validity of individual and organizational administrative orders and decisions issued by employees in the ministries, but the initiation of this appeal by the concerned party is governed by many conditions, whether they are related to the administrative decision being appealed. Cancellation or was it related to the person of the appellant? The appeal before the Administrative Court is characterized by characteristics and features that differ from the administrative grievance. This study also revealed that the governorate councils, despite the large number of jurisdictions and powers that they exercise within the governorate, cannot issue local legislation, because that It is not consistent with the principle of administrative decentralization, so it issues administrative decisions whose purpose is to organize administrative and financial affairs in the governorate, and thus it does not issue legislation because it is not a region but rather decentralized administrative units. As a result of the governorate councils exercising these powers, they may issue many administrative decisions against people subject to the governorate law, and these decisions are subject to appeal before the Administrative Court, after the appellant follows all administrative and judicial procedures and legal periods for challenging those laws, and in the event of consideration In a lawsuit before the court, it is possible for the concerned party to request that it halt the implementation of the administrative decision under challenge because there are serious reasons that require that.
As for inclusion law No. (31) of 2015, it made the decision issued by the administration to include the public employee subject to appeal before a court. Administrative judiciary after filing a grievance before the administrative authority issuing it, which must ensure that the employee has actually caused damage to public funds by proving the availability of the elements of implied liability, such as error, damage, and a causal relationship between them. The employee who caused the damage also enjoys a set of guarantees. when conducting an administrative investigation against him, whether they are formal guarantees, represented by writing down the investigation procedures and then giving reasons for the inclusion decision and then being reassured about the impartiality of the person conducting the investigation, or they are objective guarantees embodied in the right to confrontation by confronting the employee who caused damage to public funds with all the evidence available against him by the investigative committee. The investigation committee responsible for inclusion, or the right to defend the charges against him, because of its major role in reassuring the person responsible for causing damage to public funds of the validity of the procedures of the investigative committee responsible for inclusion.