Administrative Court in Jordan: Jurisdiction, Law & Appeals

The Administrative Court in Jordan is the court of first instance within Jordan’s administrative judiciary. As a general rule, it hears challenges to final administrative decisions issued by government and other administrative authorities. Jordan’s Administrative Judiciary Law No. 27 of 2014 established a two-tier system consisting of the Administrative Court and the Higher Administrative Court.

The Administrative Court hears cases involving public employment, disciplinary decisions, certain regulations and instructions, and other final administrative decisions falling within its jurisdiction. The Higher Administrative Court reviews appeals against final judgments issued by the Administrative Court.

Administrative Court in Jordan

Jordan introduced a two-tier administrative judiciary following the 2011 constitutional amendments. Administrative Judiciary Law No. 27 of 2014 subsequently established the Administrative Court as the court of first instance and the Higher Administrative Court as the second level of administrative judicial review, replacing the former High Court of Justice system.

Jordan Administrative Judiciary Law No. 27 of 2014

Administrative Judiciary Law No. 27 of 2014 is the principal legislation governing Jordan’s administrative court system. It regulates the formation and jurisdiction of the Administrative Court and Higher Administrative Court, as well as procedures for filing cases and appeals.

Under Article 4 of the Administrative Judiciary Law:

• The Administrative Court is established in Amman and may, with the approval of its president, hold hearings elsewhere in Jordan.
• The court consists of a president and a number of judges in accordance with the Administrative Judiciary Law.
• The court may sit in one or more panels, with each panel consisting of a presiding judge and at least two other judges.

Where Are the Administrative Court and Higher Administrative Court Located?

The Administrative Judiciary Law establishes the Administrative Court in Amman, and the Higher Administrative Court is also based in Amman. Official announcements have referred to the Higher Administrative Court building in the Shmeisani area.

Higher Administrative Court in Jordan

The Higher Administrative Court is the second level of Jordan’s administrative judiciary. It reviews appeals against final judgments issued by the Administrative Court and considers both the factual and legal aspects of the appeal. The general appeal period discussed in the Administrative Judiciary Law is 30 days, subject to the manner in which the judgment was issued or notified.

A Higher Administrative Court judgment may address matters including:

• The names of the parties and their legal representatives.
• The judges who participated in issuing the judgment or attended its pronouncement where applicable.
• The material facts of the case, claims, defenses, and principal arguments.
• A summary of the Administrative Court judgment being appealed.
• The grounds of appeal submitted by the parties.
• The Higher Administrative Court’s response to those grounds and its reasons for accepting or rejecting the appeal.
• The date of the judgment.

What Is the Difference Between the Administrative Court and the Higher Administrative Court?

The Administrative Court issues first-instance judgments in disputes falling within the jurisdiction of the administrative judiciary. The Higher Administrative Court, by contrast, reviews appeals against final judgments issued by the Administrative Court. They therefore represent two different stages of administrative litigation in Jordan.

Jurisdiction of the Administrative Court in Jordan

As a general rule, the Administrative Court has exclusive jurisdiction over challenges to final administrative decisions falling within Jordan’s administrative judiciary. It may also consider compensation claims arising from relevant administrative decisions or procedures when those claims are submitted together with an annulment action, as well as urgent applications within its jurisdiction.

1. Challenges to the results of elections for boards of chambers of industry and commerce, professional associations, societies, clubs, and other elections conducted under applicable legislation, unless another law assigns jurisdiction to a different court.
2. Challenges by interested persons against final administrative decisions concerning appointment to public office, promotion, transfer, secondment, assignment, confirmation in service, or classification.
3. Challenges by public employees against final administrative decisions terminating their employment or suspending them from work.
4. Challenges seeking annulment of final disciplinary decisions issued against public employees.
5. Disputes concerning salaries, allowances, bonuses, annual increments, and pension rights of public employees, retirees, or their heirs under applicable legislation.
6. Challenges seeking annulment of regulations, instructions, or decisions on the ground that they conflict with the law, regulation, or instructions under which they were issued.
7. Challenges by an affected person seeking annulment of final administrative decisions, including decisions described as protected from challenge under the legislation pursuant to which they were issued.
8. Challenges relating to final decisions issued by administrative bodies exercising judicial functions, except decisions issued by conciliation and arbitration bodies in labor disputes.
9. Other challenges assigned to the Administrative Court under any other applicable law.

Compensation Claims Before the Administrative Court

The Administrative Court may also consider claims for compensation for damage resulting from administrative decisions and procedures within its jurisdiction when the compensation claim is submitted together with an action seeking annulment of the decision.

Taxes and fees: Challenges involving taxes and fees are governed by the appeal procedures specified in the legislation applicable to those matters.

Acts of sovereignty: The Administrative Court does not have jurisdiction over applications or challenges concerning acts of sovereignty.

Personal interest: An administrative case is not accepted from a person who does not have a personal interest in the dispute.

Can the Administrative Court Suspend an Administrative Decision?

Certain deportation or removal decisions may also raise questions concerning judicial review of a final administrative decision, depending on the authority that issued the decision and the applicable legal framework.

What Does an Administrative Lawyer Do in Jordan?

An administrative court case generally begins with reviewing the challenged decision, identifying the authority that issued it, and examining whether that authority acted within its legal powers. Possible grounds of challenge may include lack of jurisdiction, violation of legislation, procedural or formal defects, abuse of power, or defects in the factual or legal basis of the decision.

• Preparing and filing the administrative court claim within the applicable legal deadline.
• Reviewing government decisions, rejection letters, administrative grievances, official correspondence, and other evidence supporting the challenge.
• Representing the client before the Administrative Court and submitting written and oral legal arguments in response to the administrative authority’s position.
• Preparing an appeal to the Higher Administrative Court where a final Administrative Court judgment has been issued and legal grounds for appeal exist.
• Following up on the implementation of final administrative judgments through official correspondence with the relevant government authorities.
• Determining whether a prior administrative grievance is mandatory. Where the applicable legislation requires a grievance before court proceedings, that step generally must be completed before filing the challenge.
• Reviewing the legislation, regulations, and instructions applicable to the specific administrative decision or public-sector dispute.

Deadline for Appeals to the Higher Administrative Court

As a general rule under Article 26, the period for appealing a final Administrative Court judgment to the Higher Administrative Court is 30 days, with the calculation depending on how the judgment was issued or notified.

Where the legislation governing the particular administrative decision requires a prior administrative grievance, a court challenge generally cannot be filed before that grievance has been made. Different considerations apply where a grievance is optional rather than mandatory.

Frequently Asked Questions About the Administrative Court in Jordan

Conclusion

The Administrative Court in Jordan is the first level of Jordan’s administrative judiciary and generally hears challenges to final administrative decisions falling within its jurisdiction.

The Higher Administrative Court is the second level and hears appeals against final judgments issued by the Administrative Court under Administrative Judiciary Law No. 27 of 2014.

Official Sources

• Judicial Council of Jordan – Administrative Judiciary, Administrative Court and Higher Administrative Court
• Jordanian Official Gazette – Administrative Judiciary Law No. 27 of 2014
• Judicial Council of Jordan – Administrative Court Electronic Services