A compensation claim in an administrative dispute in Jordan is legally connected to an action seeking annulment of an administrative decision. Under Administrative Judiciary Law No. 27 of 2014, the Administrative Court may consider compensation for damage resulting from decisions and procedures within its jurisdiction when the compensation request is filed together with the annulment action.
Financial or non-material damage alone is therefore not sufficient to obtain compensation before the Administrative Court. The challenged administrative decision, the damage allegedly caused, and the connection between the decision and that damage must be identified, while complying with the procedural requirements and filing deadlines applicable to the annulment action.
Quick Answer
- Can I claim compensation before the Administrative Court in Jordan? Yes. The court may consider compensation for damage resulting from administrative decisions and procedures within its jurisdiction, provided the compensation request is filed together with an annulment action under Article 5(b) of the Administrative Judiciary Law.
- What are the requirements for an administrative compensation claim? The request must relate to a decision or procedure within the court’s jurisdiction, be filed with an annulment action, and identify a personal interest, provable damage, and a connection between the challenged decision and that damage.
- Can compensation include financial and non-material damage? Depending on the facts and legal basis of the claim, compensation may include provable financial loss, lost profit, and certain forms of non-material damage recognized under the general rules of Jordanian civil law.
- Can I file a compensation claim by itself? Article 5(b) links the Administrative Court’s jurisdiction over compensation to an annulment action. The compensation request is therefore not treated before that court as a completely independent claim from the challenge to the administrative decision.
- What is the filing deadline? Because the compensation request is connected to the annulment action, the applicable challenge deadline must be observed. The general period discussed in this guide is 60 days, subject to rules concerning notification, publication, prior grievances, actual knowledge, and statutory exceptions.
Did an administrative decision cause you financial or other damage?
The administrative decision, date of notification or knowledge, nature of the alleged damage, any previous grievance, and available documents can be reviewed to assess whether the matter falls within the Administrative Court’s jurisdiction and whether compensation may be requested together with an annulment action.
Review the Decision and Compensation Claim
The possibility of claiming compensation depends on the administrative decision, alleged damage, applicable deadlines, facts, and supporting documents in each case.
جدول المحتويات
Requirements and Procedures for Compensation Claims in Administrative Disputes
For the Administrative Court to consider a compensation request, the alleged damage must arise from a decision or procedure falling within its jurisdiction, and the compensation request must be filed together with an action seeking annulment. The claimant must also identify the damage, provide supporting evidence, and explain its connection with the challenged administrative decision.
- Identify the administrative decision being challenged and the authority that issued it.
- Prepare the annulment action and clearly state the grounds of challenge and the relief requested.
- Include the compensation request with the annulment action, specifying the nature of the alleged damage, the amount claimed where applicable, and the legal basis of the request.
- Attach evidence and documents relating to the administrative decision and the alleged damage, including the challenged decision and other admissible written evidence.
- Observe the applicable filing deadline for the annulment action. The general period discussed in this guide is 60 days from the day following notification or publication, subject to rules concerning administrative grievances, actual knowledge, and statutory exceptions.
- Follow the litigation process, evidence, and legal arguments until the court issues its judgment.
To determine whether a decision or request falls within the administrative judiciary in the first place, see our guide to the Administrative Court in Jordan.
What Are the Requirements for an Administrative Compensation Claim?
A compensation request before the Administrative Court must first relate to an administrative decision within the court’s jurisdiction and be filed together with an annulment action. The claimant must also have a personal interest, identify the damage for which compensation is sought, explain how it is connected to the challenged decision or procedure, and satisfy the applicable procedural requirements.
The first step in assessing a compensation claim is therefore determining whether the disputed decision or procedure falls within the jurisdiction of the administrative judiciary. The nature of the decision, the authority that issued it, and the applicable legislation should be reviewed before assessing the compensation request.
In short: The compensation request must relate to a decision or procedure within the Administrative Court’s jurisdiction, be filed together with an annulment action, and identify a personal interest, damage, and a connection between that damage and the challenged decision.
Important: A compensation request before the Administrative Court is connected to the filing deadline for the annulment action. The date of notification or publication, any prior administrative grievance, and the rules applicable to the particular case should therefore be reviewed before calculating the deadline.
Can Compensation Include Financial and Non-Material Damage?
A compensation request may involve provable financial damage, such as financial loss or lost profit connected with the disputed administrative decision. Depending on the circumstances and legal basis of the claim, non-material damage may also be raised. Jordanian civil law generally recognizes compensation for damage and lost gain, as well as non-material damage in circumstances recognized by law.
Sample Compensation Request with an Action to Annul an Administrative Decision
Before the Honorable Administrative Court
Applicant: …………
Attorney for the Applicant: …………
Respondent: The authority legally empowered to issue the challenged administrative decision, or the person who issued it on that authority’s behalf.
Subject of the Case:
An action seeking annulment of Administrative Decision No. (…) dated (…) together with a request for compensation for the damage resulting from that decision.
Facts:
1. The challenged administrative decision was issued on (…) and provided that (…).
2. The applicant alleges that the decision is affected by one or more legal grounds of challenge stated in the application.
3. The applicant alleges that the decision caused damage consisting of (…).
4. According to the facts of the case, there is a connection between the challenged decision and the damage for which compensation is requested.
Relief Requested:
1. Accept the action procedurally if all legal requirements have been satisfied.
2. Annul the challenged administrative decision.
3. Award compensation for the damage established before the court according to the evidence and relief requested.
4. Award applicable court fees, expenses, and attorney fees in accordance with the law.
Respectfully submitted,
Name of Applicant or Attorney: …………
Date: …………
As to the proper respondent, an administrative action is brought against the authority legally empowered to issue the challenged decision or the person who issued it on that authority’s behalf. Correctly identifying the respondent is therefore an important part of preparing the Administrative Court application.
Annulment Action vs. Compensation Claim in Administrative Disputes
An annulment action and a compensation request have different objectives. The annulment action challenges the legality of an administrative decision and seeks its cancellation, while the compensation request seeks redress for damage resulting from that decision or procedure. Before the Administrative Court, however, the compensation request is filed together with the annulment action.
| Criteria | Annulment Action | Compensation Request |
|---|---|---|
| Purpose | Challenges the legality of the administrative decision and seeks its annulment. | Seeks compensation for damage resulting from the disputed administrative decision or procedure. |
| Scope | Focuses on the legality of the administrative decision and the grounds for challenging it. | Focuses on the alleged damage and how it is connected to the challenged decision or procedure. |
| Requirements | Generally requires a final administrative decision, personal interest, and compliance with the applicable requirements and filing deadline. | Must relate to a decision or procedure within the court’s jurisdiction, be filed with the annulment action, and identify the damage, personal interest, and connection with the decision. |
| Possible Result | If successful on the merits, the court may annul the challenged administrative decision. | The court may award compensation for damage established through the evidence and supported by the applicable law. |
| Relationship | An annulment action may be filed without seeking compensation where cancellation of the decision is the only relief requested. | Before the Administrative Court, a compensation request is filed together with the annulment action for decisions and procedures falling within its jurisdiction. |
| Competent Court | The Administrative Court where the dispute falls within its statutory jurisdiction. | The Administrative Court where the compensation request accompanies an annulment action within its jurisdiction. |
Frequently Asked Questions About Administrative Compensation Claims in Jordan
Can Compensation Cover Financial and Non-Material Damage?
Yes, depending on the facts and legal basis of the case. A compensation claim may include provable financial loss and lost profit where legally recoverable. Jordanian civil law also recognizes non-material damage in certain circumstances. The type and amount of compensation ultimately depend on the evidence and the damage established in the case.
What Is the Deadline for Claiming Compensation Before the Administrative Court?
Because the compensation request is filed together with an annulment action, the deadline for challenging the administrative decision must also be observed. The general period discussed in this guide is 60 days from the day following notification or publication, subject to specific rules concerning administrative grievances, actual knowledge, and statutory exceptions.
What Is the Difference Between an Annulment Action and a Compensation Claim?
An annulment action seeks to cancel an unlawful administrative decision, while a compensation claim seeks redress for damage caused by that decision or procedure. An annulment action may be filed without requesting compensation, but compensation before the Administrative Court is generally requested together with the annulment action under Article 5(b).
What Documents Are Needed for an Administrative Compensation Claim?
The required documents depend on the case, but they generally include the challenged administrative decision, written evidence supporting the claim, and documents showing the alleged damage. It is also important to identify the issuing authority, relevant dates, any previous administrative grievance, and the connection between the decision and the compensation being requested.
Conclusion
Jordan’s Administrative Judiciary Law allows the Administrative Court to consider compensation for damage resulting from administrative decisions and procedures within its jurisdiction when the compensation request is filed together with an action seeking annulment. An annulment action challenges the decision itself, while a compensation request seeks redress for damage resulting from that decision.
The assessment of a compensation claim depends on the nature of the administrative decision, the damage allegedly caused, the documents supporting that damage, and the connection between the decision and the loss. Applicable filing deadlines and any required administrative grievance should also be reviewed before proceeding.
Do you need legal advice about compensation for an administrative decision in Jordan?
A copy of the administrative decision, the date of notification or knowledge, any previous grievance, and documents showing the alleged damage can help assess the legal issues relating to the annulment action and compensation request.
Official Sources
- Judicial Council of Jordan – Administrative Judiciary and Compensation Jurisdiction
- Jordanian Official Gazette – Administrative Judiciary Law No. 27 of 2014
- Jordanian Ministry of Justice – Civil Code No. 43 of 1976 and Amendments
Legal Disclaimer: This content provides general legal information only. The admissibility and value of a compensation request, applicable deadline, and appropriate procedure depend on the administrative decision, facts of the case, date of notification or knowledge, any previous grievance, and available evidence. The legislation currently in force and the specific case file should be reviewed before applying any conclusion to an individual matter.
Mohammad Jaser Al-Atasi is a lawyer and legal consultant based in Amman, Jordan, with over 25 years of experience in litigation and legal advisory services. He holds a Bachelor of Laws and a Master’s degree in Civil Law, in addition to specialized qualifications in Sharia and Arbitration. He is the founder of Al-Atasi Law Firm and Legal Consultations, where he provides legal services to individuals and businesses in civil, commercial, and criminal matters, as well as contract drafting, legal appeals, and representation before Jordanian courts.