OBJECTION OF THIRD PARTIES OUTSIDE THE LITIGATION IN ADMINISTRATIVE JUDICIAL JUDGMENTS IN THE JORDANIAN AND FRENCH LEGISLATION

Autores

  • Tareq Al-Billeh Applied Science Private University
  • Mohammad Ashraf Al-Qheiwi Al-Isra University

Palavras-chave:

the objection of a third party, outside the litigation, administrative judicial judgments, administrative judiciary

Resumo

Filing the objection of third parties outside the litigation in administrative judicial judgments aims to protect the acquired rights and the stability of the legal positions of individuals in the face of the administration. In fact, the annulment ruling may sometimes lead to harm to others which requires the existence of legal provisions that give third parties the right to object to the administrative judicial judgment in which he/it was not a party. Yet, the problem of the research is that the Jordanian administrative legislator, in the Administrative Judiciary Law, did not give others the possibility to object to the administrative judicial judgment in which he/it was not represented, neither in person nor by an attorney. Actually, several findings and recommendations were arrived at in this research, the most important of which is the possibility of resorting to the Jordanian Civil Procedures Law in the absence of a legal provision regulating some procedural matters and being in line with the nature of the administrative judiciary, so that this method of appealing civil judicial judgments was regulated in articles 206-212 of the Civil Procedures Law. In addition, the administrative legislator in France regulated the objection of a third party and considered it as being one of the extraordinary methods of appeal for which it established special legal provisions for it that were compatible with the nature of the administrative judiciary.

Downloads

Publicado

2023-09-06

Edição

Seção

Artigos