General description
Inputs:
Administrative conflicts arise out of the different interpretation of administrative law sources, such as rules, decrees, decisions and administrative contracts and the application of their texts. These conflicts are reconciled in various ways. The most important of which is referring to administrative law that includes qualitative courts and consultative bodies, which are distinct of their regulatory structure, jurisdictions, methods of appeal, rules of procedure and effective judgments.
Outputs:
This module aims to introduce students to rules of (the theory of judicial control upon actions of public administration) in accordance with the French model, since the experience of French administrative judiciary has been well established over one and a half centuries.
This module contributes in illuminating principles and concepts that administrative judiciary in Syrian Arab Republic could adopt.
The module tackles the administrative judiciary life in Syrian Arab Republic through the Conseil DEtat law No /5/, 1959 and its modifications, and in the light of French, Egyptian, Syrian and Lebanese administrative efforts, and within French and Arabic advanced administrative jurisprudent trends.
Topics:
• Principle of legality
• Administrative actions control
• Methods of judicial control regulation in administrative actions, and specifying administrative jurisdiction in the light of duplicated jurisdiction
• Unified judiciary system (anglo-saxon system)
• Duplicated judiciary system (French system)
• Administrative judiciary system in Syrian Arab Republic
• Subjects of Syrian administrative judiciary
• Action for cancellation
• Annulment
• Conditions of cancellation appeal
• Lack of competence
• Drawbacks of form
• Violation of legal rule
• Drawback of power deviation
• Perfect judiciary
• Conditions to accept perfect judiciary appeal
• Administration responsibility for its non contractual actions (actions for redress)
• Administration responsibility in tort (non contractual)
• Judicial administrative measures
• Administrative judicial rules appeal methods
• Appeal methods adopted in France
• Appeal methods adopted in SAR
• General features of administrative procedures before Judiciary