27 November 2021 11:41 PM

COURTS > Historical Development Back

The Lebanese legislator followed in the organization of the administrative judiciary a number of rules adopted by French legislation. Hence, the organization of the Lebanese administrative Judiciary has been continuously developed since its creation.

The State Council was established, for the first time, by virtue of a decision issued by the High Commissioner under number 2668, dated 16 September 1924, and was given jurisdiction in all litigations, arising from the implementation of public interests, particularly lawsuits of direct taxes, use of public property, election lawsuits of municipal and administrative councils, etc. The decisions taken by the State governor which were challengeable before the Supreme Council of Cases at the High Commissariat were excluded; however, this council was not composed.

Nevertheless, the State Council did not last long, since it was canceled pursuant to the Law issued on 24 March 1928. Its jurisdiction was transferred to the Court of Cassation. However, this latter was abolished in 1930 and was replaced by the Court of Appeal, which started to exercise jurisdiction of the State Council. But the situation returned to its former condition after the Court of Cassation reinstatement in 1934. Once again, it was abolished in 1939. On such date, a Supreme Court for administrative cases was established which did not last long, since it was abolished, and the State Council regulation was reinstated according to decision number 89 issued by the French Governor on 23 April 1941. The competences of the new Council were not limited only to the judicial matters, but were entrusted also delivering advisory opinions (Fatwa) and preparing legislations.

This Council was canceled pursuant to Law published on 10 May 1950, and its judicial competence was vested in the Court of Cassation.

On 9 January 1952, the State Council was reinstated, once again, according to Legislative Decree number 14. But to be noted that jurisdiction of this council was limited to the judicial function. The decree number 14 excluded the jurisdictions of delivering advisory opinions (Fatwa) and preparing legislations.
Then the State Council was re-organized pursuant to Legislative Decree number 119 dated 12 June 1959 and was granted, in addition to judicial powers, administrative and consultative powers. Finally, the State Council was re-organized according to the urgent project of law, put under execution according to decree number 10434 dated 14 June 1975, which is currently applicable together with its amendments according to Law number 227 dated 31 May 2000.


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