The Extent to which the Rules of Incompetency, Displacement and Disqualification Apply to the Judges of the Administrative Judiciary Courts in Jordan and France
Authors : Tareq Al-Billeh
Abstract : This study approaches the extent to which the rules of incompetency, displacement and disqualification apply to the judges of the administrative judiciary courts in Jordan and France. In fact, the current study demonstrated the extent of adequacy and suitability of application of the cases of incompetency, displacement and disqualification provided for in the Jordanian Civil Procedures Law to the judges of the administrative judiciary courts and stating at the party competent to entertain the request to displace the administrative judge as well as and the measures to file the application of displacement. Actually, the issue of the study lies in having the Jordanian administrative legislator not regulated the cases of the incompetency, displacement and disqualification of the judges of the administrative judiciary courts while the study sought to satisfy all the inquiries raised about the incompetency, displacement and disqualification. In fact, the study concluded several conclusions and recommendations which mainly included the necessity to establish the dual judiciary system by adopting the judiciary regulation style of France and that the Jordanian Constitutional Court shall reverse its interpretive decision in which it considered the administrative courts as being an integral part of the justice courts in addition to dedicating special provisions in the wording of the Administrative Law to handle the reasons of the incompetency, displacement and disqualification as adopted by the French Administrative Judiciary Law and the French Judiciary Ethics Charter for the importance of the administrative judiciary aiming at ensuring the attainment of the principle of legitimacy.
Keywords : Judges Non-Qualification; Judges Rejection; Judges Disqualification; The Judges of the Administrative Judiciary Courts; Administrative Case.
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Approaches towards the Independency of the Administrative System of the Administrative Judiciary from the Administrative System of the Ordinary Judiciary (Justice) in Jordan
Authors : Tareq Al-Billeh
Abstract : This research deals with the approaches towards the independency of the administrative system of the administrative judiciary from the administrative system of the ordinary judiciary (justice) in Jordan (applied study for the provisions of the Jordanian & French Legislation and Judiciary) this study aims at laying down the basic legal foundation for tending to apply the administrative judiciary independence from the ordinary judiciary and to ban the interference of the ordinary judiciary with the works of the administrative judiciary in all respects. In fact, the said independency, and from the special administrative aspect, is represented by laying down a judicial independence law concerned with the administrative judiciary that shall regulate the conditions for appointing administrative judges, their transfer, delegation, seconding and promotion as well as the disciplinary penalties imposed on them. Actually, and as for the administrative legislator in France, then the same adopted the judicial duality for which it caused the administrative judiciary to be a judiciary independent from the ordinary judiciary in all respects in addition to having regulated the conditions for appointing the administrative judges, their transfer, delegation, seconding, promotion and the disciplinary penalties imposed on them according to the French Administrative Judiciary Law Hence, and in this research, the nature of the administrative system independency of the administrative judiciary shall be approached in addition to approaching the legal situations concerned with all the administrative affairs of the administrative judges including the transfer, delegation, seconding, promotion and subjecting to disciplinary. Finally, the study concluded several conclusions and recommendation that were recited at the end of the research.
Keywords : judiciary independency, administrative system, administrative judiciary, ordinary judiciary (justice).
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The Neutrality of Discipline Council's Member as One of the Discipline Guarantees in the Public Job
Authors : Tareq Al-Billeh
Abstract : This research deals with the principle of the neutrality of the discipline council's member as one of the discipline guarantees in the public job. In fact, this study aims at showing that there is no thorough definition for the principle of neutrality as it may be represented by the idea of the separation between the two authorities of investigation and punishment determination or otherwise being considered as part of the defending rights. In addition, neutrality has a personal and subjective nature while its limits vary according to the applied legal system at the state. For instance, there are the Presidential System, the Judicial System and the Quasi-Judicial System. Further, there are many legal means that secure the protection of the principle of neutrality which include the applicability of some of the causes for challenging or removing judges as stipulated in the Civil Procedures Law or in the executive laws, the subject matter of consideration concerning the Discipline Council's member, and the applicability of the defect of abusing authority on the Discipline Council's member, and particularly in the Presidential System. In fact, this study necessitated using several research methodologies for which the applied and analytical method has been used as well as demonstrating the criticizing side of the researcher. Finally, this study has concluded some results and recommendations which are mentioned at the end of the research.
Keywords : Neutrality, Discipline Guarantees, Discipline Council.
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The Practical Procedures Applied in Issuing Administrative Judicial Orders According to the French and Jordanian Laws
Authors : Tareq Al-Billeh
Abstract : The research studies the practical procedures applied in issuing the administrative judicial orders according to the French & Jordanian Laws. In fact, the research aimed at stating that for the administrative judicial orders to be considered true, then the administrative judicial party concerned with settling the action shall adopt the legal procedures and that its order shall include that data stated upon by the law in addition to having the procedures preceding issuing the order and concurrent with it been true whereby the administrative order shall pass several stages starting by the confidential negotiation stage before issuing it by all of its procedures till reciting its wording and depositing a copy of it according to the procedures set. Hence, and in case of acting against any of the procedures set for issuing the order, the same shall result in the administrative order to be null. Further, the proof of the said orders shall be stated upon. In fact, the research necessitated using several research methods for which the comparative and analytical method was adopted in addition to demonstrating the criticism aspect of the researcher. However, the research concluded some results and recommendations narrated at the end of the research.
Keywords : judicial procedures, administrative order, issuing the order.
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