الأحكام القضائية الإدارية في دولة الإمارات بين غموض التفسير وإشكاليات التنفيذ دراسة مقارنة
The issue of study lies in the lack of extensive authorities of administrative jurisdiction in the United Arab Emirates and the role of the administrative judge that is limited to examining the administrative act issued by the administrative authority, and how well it complies with the law and di...
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| Summary: | The issue of study lies in the lack of extensive authorities of administrative jurisdiction
in the United Arab Emirates and the role of the administrative judge that is limited to
examining the administrative act issued by the administrative authority, and how well
it complies with the law and disposition of the case presented before them without
having regulatory authority over the administration. The problem of the execution of
judicial ruling is also one of the most profiled problems the administrative jurisdiction
currently faces. This is due to the lack of enforcements means to compel the
administration to execute the judicial ruling, as the judge role comes to an end once a
judicial ruling has been issued by the administrative judge who has then no more
authority or means to compel or pressurize the administration to execute the judicial
ruling. This study seeks to achieve multiple objectives, including: articulating the
administrative judicial rulings and the problems arising throughout their enforcement
process, showing the implications associated therewith, and addressing the most
thoughtful solutions and methods, along with the legislator's measures that guarantee
the administration commitment to execute the administrative judicial rulings. Within
his review of the subject, the researcher relied on the comparative analytical approach
by collecting, analyzing and benchmarking data to provide legal opinions in terms of
the administrative judge authorities within this area and the statutory changes thereto .
The study drew several conclusions, including the detection of obstacles and issues that
limit the administrative jurisdiction full function and performance, and the researcher
believes that these obstacles are due to legislative, judicial and executive reasons, and
the failure to enforce the administrative judicial rulings with these reasons may lead to
the lack of rule of law and also the lack of justice that require coping with these
obstacles to make no choice for the administration but to timely execute the judicial
rulings. It is also shows that there are alignment features between the Islamic
administrative jurisdiction and the administrative jurisdiction of the UAE in terms of
their primary objective "justice and equality", as they both use means of proof to unfold
the facts. However, the Islamic administrative jurisdiction has other unique upsides,
namely the capability to compel the administration to fully and timely execute the
judicial rulings. Furthermore, the existing review (study) highlighted the methods
required to counteract the administration's refraining from executing the administrative
judicial rulings, and reduce their incidence by developing potential solutions. |
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