Abstract
This study aims at defining the challenge to the admissibility of the action for the annulment of the administrative decision through reviewing the juristic opinions in this concern as well as the judgments of courts concerning the same. This study also shows the legal basis of this challenge and the legal nature thereof, upon which the juristic opinions have been diversified in order to identify the most accepted opinion. This study also aims to clarify the mechanism of the administrative control over this challenge by analyzing and clarifying the judgments said by the judiciary in the countries under comparison, without access to the rules of this challenge and the legal effects of the judgment therewith. One of the most important recommendations of the study was the necessity of having a judgment related to the challenge to the admissibility of the action for annulment and considering it public order, and this challenge shall be initiated at any stage of the case, in addition to the court may also initiate it ex officio. The study also does recommend that the Jordanian legislator shall adopt a specific theory concerning challenges, which shall have a place in the Jordanian Code of Civil Procedure in a manner that is keen to indicate the nature and provisions and the differences between them. Keywords: Challenges, action for annulment, pleas in abatement, pleas in bar DOI : 10.7176/JLPG/91-17 Publication date : November 30th 2019
Highlights
The Challenge to admissibility is one of the legal challenges in the action for the annulment of the administrative decision
This study came to show the need to define the challenge to the admissibility of the action for annulment because of the juristic controversies raised over it, which led to some ambiguity about it and reflected on the legal nature of this challenge
Some juristic opinions considered it one of the pleas in bar and other opinions considered it one of the pleas in abatement until jurisprudence viewed it a private challenge of a special nature which is different from the legal nature of pleas in abatement and pleas in bar
Summary
The Challenge to admissibility is one of the legal challenges in the action for the annulment of the administrative decision. The challenge to the admissibility of the action for the annulment of the administrative decision is similar to that of the Code of Civil Procedure in that it is considered one of the means used by one litigant to challenge the validity of the litigants' procedures, without challenging the merits of the right claimed by its opponent, avoid temporarily the judgment caused by the claims filed by the litigant. The defense means through which the litigant denies the power of its litigant in the use of the case is known as challenges to admissibility, which will be the topic of our research
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