Research 25 ILIC 2019

Abstract:  The importance of the issuance of the State Council Law No. 71 of 2017 includes adjudications that ended the subordination of the Council to the Ministry of Justice for a long time. Thus, the law established the foundations of the independence of the administrative judiciary to the executive authority to come in line with the Constitution, especially following the promulgation of Law No. 17 of 2013 Fifth Amendment to the Law of the State Consultative Council No. 65 of 1979 which established the Supreme Administrative Court to replace the General Assembly of the State Consultative Council in exercising the jurisdiction to hear discriminatory appeals in the judgments of the employee Court which established by the same law to exercise the powers of the General Disciplinary Council, also the law gave the jurisdiction to Supreme Administrative Court to hear discriminatory appeals in the judgments of the Administrative Court to restore a jurisdiction to it which unlawfully deprived them by the Federal Supreme Court Law No. 30 of 2005 of a provision that is questionable in its constitutionality.
Despite the importance of the above mentioned, but the Supreme Administrative Court still faces many difficulties represented in the weakness of its composition and the lack of full time members to work in them and the different conditions of appeal before the courts, which are subject to appeal them in terms of grievance and extensions and the time according to both Civil Procedure Law and the Criminal Procedure Law despite the exception of the administrative call for civil and criminal appeals and their nature, as well as other matters dealt with in the research and propose appropriate solutions.