The Role of the Lawyer in the Administrative Lawsuit
A Comparative Study
DOI:
https://doi.org/10.35246/jols.v38i1.617Keywords:
Signing the lawsuit petition, the competent administrative court, an acceptable lawyer, the principle of legality, the law regulating the practice of the legal professionAbstract
The legislators in (France, Egypt and Syria) set controls for filing an administrative lawsuit, including the signature of the lawsuit petition by a lawyer accepted before the court, and the lawyer is committed to performing his work in accordance with the conditions of the State Council and the practice of the legal profession. And if the goal of the legislator is to achieve the public and private interest represented in observing the law and assisting the plaintiff legally, then this condition sometimes leads to individuals refraining from resorting to the judiciary because of the financial cost of registration fees and lawyers, which prompted the legislator, especially the French, to exempt several lawsuits from this condition, including lawsuits for annulment Allowing the plaintiff to submit the petition himself, even without paying the fee in advance, to prevent the administration from abuse of its powers, and this was not taken into account by the legislators in Egypt and Syria, despite their stipulation that some lawsuits be excluded from this condition. The law of the State Council in these countries stipulates that the State Commissioners Authority undertake the preparation of the case, and the commissioner undertakes all the work to prepare the case for ruling on it, and organizes a draft ruling that the judge often adopts, especially in France, in addition to the positive role of the judge, which allows legislation to mitigate this condition .
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References
First - Books:
i. Okasha, Hamdi Yassin, 2017, Encyclopedia of Administrative Pleadings and Evidence, Book 3, Manshaat Al Maarif, Alexandria.
ii. Dr. Zureik, Burhan, 2011, Principles and Rules of Administrative Judiciary Procedures, The Legal Library, first edition, Damascus.
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xii. Dr. al-Hallaq, Muhammad Juma Yusef, 2020,the specificity of the case before the administrative courts, a comparative study, Al-Halabi human rights publications, first edition, Beirut.
xiii. Dr. Masoud, Mohamed Abdel-Hamid, 2009, Problems of Litigation Procedures before the Administrative Court, Manshaat Al-Ma’arif, Alexandria.
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Second – Thesis
i. Mohamed, Bashir, 2013, Litigation Procedures before the State Council, PhD thesis, University of Algeria, Faculty of Law - Ben Aknoun, Algeria.
Third - Journals:
i. D. Khallaf, Hassan, Administrative Judge's Competence to Consider Tax and Fee Disputes in France and Egypt, State Council Magazine, Egypt, Year 2.
Fourth - Legislation:
i. Egyptian State Council Law No. (55) of 1959, repealed.
ii. Iraqi Advocacy Law No. (173) of 1965.
iii. French Lawyer Code No. 1130/71 of 31/12/1971.
iv. Egyptian State Council No. (47) of 1972.
v. The Egyptian Advocacy Law No. (17) of 1983, as amended.
vi. Law regulating the Syrian legal profession No. (30) of 2010
vii. Syrian Civil Procedure Code No. (1) of 2016.
viii. Syrian State Council No. (32) of 2019.
ix. French Decree No. (171-2021) of 1/16/2021.
Fifth - Constitutions and Agreements:
i. Charter of the United Nations of 1945.
ii. The Universal Declaration of Human Rights of 1948.
iii. The International Covenant on Civil and Political Rights of 1966.
iv. The Syrian Constitution of 2012
v. The Egyptian Constitution of 2014
Sixth - Websites:
i. Judgment of the Egyptian Court of Cassation, Appeal No. (14284), Judicial Year 83, Session date 6/7/2015.
https://www.cc.gov.eg/judgment_single?id=111284788&ja=74608#
ii. The ruling of the Supreme Administrative Court in Appeal No. (8006) for the year 50 of the Supreme Judicial Court, session 3/15/2008.
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