An additional role for the judicial branch with costs
Law no 7/2007 issued and signed by H H the Emir of the state of Qatar on 26/03/2007 which shall come into force on the first day of October 2007 is the first separate legislation in Qatar to subject administrative actions to judicial review. The exceptions (exclusions) may be excessive, as at least one Qatari writer noted, but still the residue is not to be taken lightly and the exclusion may be necessitated by the novelty of the rules. The structure of the legislation comprises preamble and 14 articles. Out of these there are four articles which hold the density in the body of what is imported in both the legal system and the administration.
The court of first instance
Article (2) provided for the establishment within the court of first instance of one or more administrative panels constituting of three judges and having exclusive jurisdiction to decide in matters defined by this piece of legislation.
Jurisdiction
The reviewable actions are those relating to: disputes on salaries, pensions, gratuities and allowances due to employees or their heirs (sub article 1) and applications submitted by interested persons against final administrative decisions of promotion or termination of service of first class employees and the disciplinary decisions against the same (sub article 2).
General rule and exceptions
Sub article 3 of article (3) contains the most controversial provision in this legislation.
Article (3) went on in enumerating the reviewable administrative actions to state in general terms the following:
"Applications submitted by natural and juridical persons for annulment of final administrative decisions"
And it immediately enumerated the following exceptions from the operation of this sub article: "Emiri orders, resolutions and decrees, decisions made under the law no 17/2002 in respect of the protection of community, decisions issued under the laws relating to private societies and institutions, prints and publications and licensing of newspapers and magazines, licensing of arms, ammunition and explosives, entry, residence and deportation of aliens, expropriation of property for public convenience."
Article (3) goes further to add to the jurisdiction of the administrative panel the applications for compensation against actions under sub articles 2 and 3 of this article and to add to them disputes over government contracts.
Grounds for review
Article (4) stated the classic four grounds for the admission of applications for annulment of administrative decisions which are:
lack of jurisdiction,
existence of defect of from,
erroneous application or construction of laws and regulations,
the abuse of power.
The same article concluded by deeming refusal or abstention by the administrative body from taking a decision that ought to be taken as an administrative decision.
Non- admission
Article (5) provides for the rejection of applications submitted by persons who have no "direct personal interest" and applications for the stay of execution of decisions which are not tied to an application for the annulment of the same and finally applications made under sub articles 2 and 3 of article (3) before the exhaustion of the administrative remedies.
Appellate administrative panel
Article (8) provided for the establishment of an administrative appeal panel in the court of appeal which will have jurisdiction to decide on appeals from the decisions of the administrative panel in the court of first instance and decisions on objections against actions relating to the elections of the Shura Council and the Central Municipal Council beside entertaining jurisdiction on applications for annulment and compensation against decisions of disciplinary boards and decisions of quasi judicial tribunals (administrative tribunals with judicial powers).
Comment
Of course it is too early to say if the definition of "decisions made by administrative bodies who have judicial powers" may extend to cover decisions made by disciplinary boards thereby rendering redundant the separate definition assigned to the decisions of disciplinary boards appearing in article (1) of the law. Until the law is set into motion many expressions such as "direct personal interest" may not take their full meaning. It is the duty of the judicial branch of the government to shoulder the additional burdens imported by the enactment of this law. The courts will have to set boundaries and define jurisdiction for themselves and for the other branches in the government and to observe the constitutional implications in doing so.
Initially there are the sovereign acts represented in Emiri orders, decrees and resolutions and the other exclusions and the possibility of devising a way to deal with constitutional issues implied therein. To start from the very beginning the compatibility of the provisions of this law with the constitution may be useful and even needed for the courts to perform their duties under Qatar Permanent Constitution and under this law.
Practice always uncovers the shortcomings in wording and structure of legislation. And only judicial practice is capable of setting rules up on their feet.
The future practice of the judicial branch of the government shall define the extent to which the constitution brought fruits to the people there as the other two bodies had done their job in drafting and passing these rules.
By Mustafa El Bashier
© Al Tamimi & Company 2007
