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President al-Assad issued a law that includes the formation of the Council of State and its powers

2019-12-17T15:05:05.914Z


Damascus-Sana, President Bashar Al-Assad issued Law No. 32 of 2019, which includes the formation of the Council of State and its terms of reference


Damascus-Sana

President Bashar al-Assad issued Law No. 32 of 2019, which includes the formation of the Council of State and its competencies, after it was approved for the second time by the People's Assembly, and all points contested in the articles of the law are rectified.

President al-Assad had objected, in accordance with his constitutional powers, to some articles of this law after its first approval by the People's Assembly. He also objected to the constitutionality of some articles before the Supreme Constitutional Court, which declared it unconstitutional.

The following is the text of the law:

Law No. 32

President of the Republic

According to the provisions of the constitution.

And upon what was approved by the People's Assembly in its session held on 3/17/141 AH
Corresponding to 14-11-2019 AD.

Issues the following:

The first Door

Formation of the State Council and its functions

Chapter one

Formation of the State Council

Article 1 / The Council of State is an independent judicial and advisory body that handles the administrative judiciary based in the city of Damascus and issues its rulings in the name of the Arab people in Syria.

Article 2 / The Council of State consists of:

1 / The Judicial Department, consisting of:

A / Supreme Administrative Court.

B / Administrative Courts Courts.

C / Administrative Courts.

D / disciplinary courts.

E / The State Commissioners Authority.

And / Department for the Unification of Principles.

G / Inspection Department.

2 / The Fatwa and Legislative Advisory Section, consisting of:

A / General Assembly.

B / competent departments.

C / Legislative Drafting Office.

The judges of the council are composed of a president, vice-presidents, advisors, assistant advisers, and representatives, and their ranks and degrees are determined in the functional structure that includes the numerical staff.

Duration / 3 /

1 / The headquarters of the Supreme Administrative Court in Damascus.

2 / The headquarters of the administrative courts, administrative courts and disciplinary courts in Damascus, Aleppo, Homs, Deir Ezzor and Tartous.

3 / Other courts may be established in other governorate centers by decree based on the proposal of the Special Council. The spatial jurisdiction of these courts is determined by a decision of the President of the Council based on the proposal of the Special Council.

4 / The courts provided for under the preceding paragraphs 2 and 3 may be transferred to any governorate covered by the spatial jurisdiction specified for them by a decision of the council chairman based on the proposal of the special council.

Article / 4 /

1 / The Supreme Administrative Court is chaired by the President of the State Council, one of his deputies, or the most senior adviser.

2 / The court issues its rulings from departments composed of three advisers, and each of them shall have a circuit to examine appeals.

Article / 5 /

1 / The Administrative Judicial Court shall consist of three judges headed by an advisor and the membership of at least two assistants.

2 / The administrative court is composed of three judges headed by at least one assistant advisor and membership of at least two first-degree deputies.

3 / The disciplinary court shall be headed by at least one assistant advisor and membership of at least two first-degree deputies, and the investigator to this court shall be appointed by one of the judges of the Council of State with the rank of a deputy of at least first class.

Article / 6 /

1 / By a decision of the Special Council, judges may be delegated from a lower position to a higher position.

2 / The Special Council may assign the judge, when necessary, a higher position than the position he occupies, and the internal regulations of the Council shall determine the rules and conditions for such assignment.

Article 7

1 / The State Commissioners Authority shall consist of one of the vice-presidents or one of the advisers as president and a number of assistant advisers and deputies.

2 / The state commissioner with the Supreme Administrative Court shall have the rank of at least one assistant advisor and the administrative and administrative courts, and at least the rank of deputy.

Chapter II

Powers of the State Council

Article / 8 /

1 / The Council of State has the authority of an administrative judiciary to rule on the following issues:

A / Appeals related to local council elections.

B / Appeals of final decisions issued by administrative authorities in disputes of taxes and fees, including the fee for consumer spending and overhead costs.

C / Appeals lodged by public officials in other public bodies with decisions issued by disciplinary authorities.

D / Disputes related to salaries, pensions, bonuses, allowances, and compensation for public officials and the like in all other public authorities in the country.

E / Disputes related to salaries, pensions, and compensation due to office holders and members of the People's Assembly.

And / disputes arising from the application of the provisions of the Basic Law for workers in the state in addition to all the employment and employment regulations in force in other public bodies, including financial disputes arising from wages and compensation for workers and those of equivalent and other disputes arising between them and any of the public authorities.

G / The requests submitted by the concerned parties to cancel the final administrative decisions.

H / The requests submitted by the concerned parties to challenge the administrative decisions issued for appointment to public office or promotion.

I / Requests submitted by public officials to cancel the administrative decisions issued referring them to a pension or deposit, or dismissing them without a disciplinary way.

J / Nationality claims.

K / Prosecuting public officials, workers, and the like in all public bodies in terms of behavior in accordance with the provisions of this law.

L / All administrative disputes and disputes that other laws provide for the jurisdiction of the State Council in an administrative judiciary in its consideration.

2 / It is stipulated in the requests stipulated in clauses / c / g / h / i / j / of paragraph / 1 / of this article that the reference to the appeal is lack of jurisdiction or defect in the form and procedures or violation of laws or regulations or error in their application or Interpretation or abuse of power.

3 / It is considered in the ruling of administrative decisions that the administrative authorities refuse or refrain from taking a decision that they were required to take in accordance with the laws and regulations.

Article 9

The Council of State has the authority of an administrative judiciary to adjudicate requests for compensation for the decisions stipulated in the previous article, whether submitted to it in an original or ancillary manner.

Article / 10 /

1 / The State Council has the authority of an administrative judiciary to adjudicate disputes related to commitment contracts, public works and supplies or any other administrative contract, as well as contracts concluded by professional syndicates and grass-roots organizations if such contracts are concluded in accordance with the provisions of the public agency contracts regulations.

2 / It is permissible to resort to arbitration in contracts for which the State Council has the authority of an administrative judiciary to rule on disputes arising therefrom.

Article / 11 /

The State Council has the authority of an administrative judiciary to rule on appeals against final decisions issued by administrative bodies with jurisdiction, whenever the reference to the appeal has been lack of jurisdiction or defect in the form and procedure, or violation of laws or regulations, error in their application or interpretation, or abuse of authority in the cases that There is no other judicial authority specified in a special text to challenge the decisions of these authorities.

Article / 12 /

Applications from people without personal interest are not accepted.

Chapter Two

Judicial Department

Courts jurisdiction

Chapter one

Administrative courts

Article / 13 / The Administrative Court is competent to rule on the following issues:

1 / All disputes stipulated in clauses / c / d / e / f / h / i / of Article / 8 / of this law and in the compensation claims arising therefrom.

2 / All disputes that the laws provide for the jurisdiction of the Administrative Court to consider.

Chapter II

Administrative Courts Courts

Article / 14 / The Administrative Judicial Court has jurisdiction to rule on the following issues:

1 / The requests and disputes stipulated in Articles / 8 / and / 9 / and / 11 / and paragraph / 1 / of Article / 10 / of this law except for what is related to the administrative court and disciplinary court.

2 / Disputes related to taxes, fees and general costs, whether the dispute relates to the legal basis for the assignment or the amount of the assignment.

3 / Disputes that the laws provide for the jurisdiction of the Administrative Court to consider according to the rules contained therein, unless the law defines the jurisdiction of another court of state council.

4 / Urgent requests related to arbitration issues with the State Council, requests for interpretation of arbitrators ’rulings, correction of material errors in them, and arbitrators’ ruling covering access and disputes arising with regard to naming, dismissing, retiring or returning arbitrators.

5 / An action to invalidate the arbitration award. The court’s decision to dismiss the nullity claim is an enforcement of the arbitration award.

Article / 15 /

1 / The lawsuit for nullifying the arbitration award shall not be accepted in the courts of the State Council except in the following cases:
A / If there is no arbitration agreement, or if this agreement is null or void by the end of its period.

B - If one of the parties to the arbitration agreement at the time of its conclusion is incapable or incomplete according to the law that governs its eligibility.

C- If one of the parties to the arbitration is unable to present his defense due to his failure to announce a correct declaration regarding the appointment of an arbitrator, the arbitration procedures, or any other reason beyond his control.

D - If the arbitration ruling excludes the application of the law that the parties agreed to apply on the subject of the dispute.

E - If the arbitration panel is formed or the arbitrators are appointed in violation of the agreement of the two parties.

F - If the arbitration award is separated in matters not covered by the arbitration agreement or exceeds the limits of this agreement, however, if it is possible to separate the parts of the ruling on issues subject to arbitration from its parts related to matters not subject to it, then the nullity does not occur except on the last parts alone.

G - If nullity occurs in the arbitration award, or if the arbitration procedures are null and void, the effect of the award shall be null.

2- The court that hears the nullity case shall rule on its own initiative to nullify the arbitration award if it includes what is contrary to public order in the Syrian Arab Republic.

Chapter III

The Supreme Administrative Court

Article (16)

1- Judgments issued by administrative courts, administrative courts and disciplinary courts accept the appeal before the Supreme Administrative Court, in the following cases:

A - If the contested judgment is based on a violation of the law or an error in its application or interpretation.

B - If nullity occurs in the judgment or invalidation of the procedures, the effect is in the judgment.

A - If the judgment was issued in contradiction to a previous ruling, it won the force of the case, whether or not this payment was made.

2- For those concerned to appeal these rulings within sixty days from the day following the date of the ruling, and the period of appeal for decisions issued in the study room begins from the next day to be notified.

3- The head of the State Commissioners Authority may appeal the rulings of the Administrative Court and the Administrative Court within the same period mentioned in the previous paragraph.

4- The Supreme Administrative Court is competent to consider appeals related to the provisions of disciplinary boards for public officials and those in the equivalent in other public bodies for which no reference to another appeal has been specified or for which special laws stipulate that the Supreme Administrative Court be a reference for appeals in accordance with the procedures and deadlines stipulated.

5- The Supreme Administrative Court shall be competent to hear expeditiously the appeals related to requests and disputes stipulated in paragraphs “4 and 5” of Article “14” of this law.

6- On appeal, the concerned parties must deposit with the public treasury the legally prescribed financial guarantee, and the Appeals Inspection Department shall order its confiscation in the event of a ruling rejecting the appeal.

Article (17)

It is not permissible to implement the judgments issued in the first place before the date of the appeal is missed or the final degree has been obtained. As for the judgments issued to suspend the execution or in the study chamber, they shall be enforceable from the date of their issuance and that the appeal against them does not stop their implementation unless the Appeals Inspection Department decides otherwise.

Continued…

Source: sena

All news articles on 2019-12-17

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