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How to appeal
How to appeal

 

            If either party is not satisfied with the judgment or order of the Administrative Courts of First Instance, they can appeal to the Supreme Administrative Court. Such an appeal must be lodged within thirty days from the date of the passing of the judgment or the issuance of an order. The appeal must be submitted to the Administrative Courts of First Instance that passed the judgment or issued the order (section 73). A competent official of the court shall conduct an examination of the appeal before a judge - rapporteur examines the appeal. If the judge - rapporteur is of the opinion that the appeal is complete, the appeal will be submitted to the Supreme Administrative Court for trial according to the proceedings of the Administrative Courts of First Instance. Fact-finding proceedings; however, will be curtailed as it is unnecessary to proceed with all four processes as carried out in the Administrative Courts of First Instance. The proceedings of the Supreme Administrative Court entails just two processes: considering from an appeal and an amendment of the appeal may conclude the case file, if the judge - rapporteur is of the opinion that the fact of the case is sufficient for the Court to try and adjudicate or to issue an order on the appeal. Afterwards, the hearing and the statement of the judge – commissioner of justice shall be conducted.

 

The Supreme Administrative has the power to dismiss, affirm, return, or amend the judgment or order of the Administrative Courts of First Instance. It can also dismiss the judgment or order of the Administrative Courts of First Instance and require the Administrative Court of First Instance to deliver a new judgment or order. It also has the power to retry the case in whole or in part and deliver a new judgment or order, or adjudicate the case according to the determination of the Supreme Administrative Court and deliver a judgment or an order in accordance with the nature of the case. If it appears that facts or questions of law are insufficient for adjudication, the Supreme Administrative Court also has the power to reject the appeal.





Modified date : 8 Jul. 2016 | Top Up |



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