أثر التظلّم الإداريّ على دعوى الإلغاء وفقاً لقانون القضاء الإداريّ الأردنيّ، وقضاء المحكمة الإداريّة

Abstract

The attitude of Jordanian legislator, despite the development of its aptitude in the High Court Law, enacted special legal rules, which govern the impact of the administrative grievance on the case of cancellation, but such regulation was inefficient in term of losing the reason behind its enactment as to mitigate the burden on the shoulders of the judiciary. The current study concludes that, all the organs of the administrative judiciary represented by both the prestigious Administrative Court and High Administrative Court may interpret narrowly the provisions of law and its ruled that the appeal against the administrative decision issued as the result of administrative grievance is independently accepted irrespective of its issuance as conformal decision to another previous final decision, and it makes the submission of optional grievance merely an automatic effect for waiving the right to appeal against the issued decision as the result of grievance. This led to the problem of claiming that there is no need to talk about the definitive effect of the grievance despite the position of the comparative jurisprudence and judiciary