detail - Rule of Law Programme Middle East and North Africa
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In order to protect citizens against governmental authorities transgressing their powers and competences, most countries have assigned independent institutions (mostly courts) to guarantee the rule of law and to control the exercise of administrative functions of governmental bodies. In Lebanon the State Council (SC) is assigned to decide on cases concerning disputed decisions by administrative units of governmental agencies. Thus it is within the role of the SC to oversee and revise cases related to administrative law, such as the annulment of administrative decisions, the inspection of public contracts and the control of governmental institutions.
The Lebanese Constitution is facing various challenges, several of them resulting from the absence of a fully institutionalized first and second instance system, and the State Council’s dual functions (consultative and jurisdictional). These may relate to competences and prerogatives of the State Council, absence of clear and precise procedural rules, appointment and transfer regulations, judges’ salaries and council members’ advisory functions to ministries, and inspection and disciplinary mechanisms, and general questions regarding sectarianism and women participation.
The aim of the workshop is to analyze and discuss reform proposals that may give impetus to reforms of the administrative justice in Lebanon, with a peer-to-peer exchange with peer administrative law experts from other countries, primarily Tunisia, that is based on a French law system and has recently undertaken major reform of the administrative court system.
The Rule of Law Program Middle East / North Africa in cooperation with the Legal Agenda conducts expert meetings to reassess the organizational and procedural aspects. The first workshop will take place on September 14, 2018 to discuss the organizational aspects of the administrative court system, a second meeting to discuss the procedural aspects will follow in November.