The implementation of the administrative provisions Comparative study

In this essay the researcher dealt with the subject of implement administrative provisions, where the problem in this study is about the legal framework governing the process of implementing administrative provisions and stating the inadequacy of the law in organizing the legal means and ways that lead to forcing the administration to implement the administrative provisions, where the researcher in this study used the comparative approach through comparing Palestinian legislations with their counterparts of the compared legislations(Egyptian,Jordanian, Algerian), and stating differences and ways of organizing implementing administrative provisions in these legislations. The study was divided into two chapters, the first titled (The overall context of the administrative provisions).What's meant by the title is the administrative provisions by a party authorized by legislation to adjudicate administrative disputes. In this chapter the researcher discussed what administrative provisions is about which is in the first topic. Administrative provisions are those issued by specialized courts authorized to hear the administrative disputes. In this research the researcher stated the administrative provisions and permissions of issuing them in the (first demand) and the researcher dealt with the executive force of administrative provisions in the (second demand). In the second topic of this chapter the researcher dealt with the prevention of implementing administrative provisions .After an administrative resolution is issued and proven totally right the administration starts looking for styles and preventions not implementing the administrative provisions that are issued against it. In this research the researcher dealt with the excuses used by the administration for not implementing the administrative provisions in the (second demand). In the second chapter of this study the researcher discussed the means of confronting the administration for declining to implement the administrative provisions. Means of confronting the administration are divided into financial threat means and judicial remedies in confronting the administration for declining implementing administrative provisions، and these means work together to guarantee respect of judicial sentences and forcing the administration to implement administrative provisions issued against it. In this chapter the researcher discussed the financial threats in confronting the administration for declining implementing administrative provisions in the (first topic), which are the means taken when the administration acts arbitrarily in implementing administrative provisions by punishing it financially which may lead to force it to respect and implement judicial sentences .In this chapter the researcher discussed fine threat system and judicial applications of fine threat in confronting the administration in the (first demand) and late profit system and judicial applications of late profit system in forcing the administration to implement the administrative provisions in the (second demand). In the second topic of this chapter the researcher discussed the role of the judiciary in confronting the administration declining implementing administrative provisions, where means are organized by law to confront administrations declining to respect and implement administrative judicial sentences mentioned. Either through the responsibility of the declining employee to implement and precutting him criminally، civil or disciplinary or though trying to implement compulsory execution system on the administration to force it to stand up for the commitment to implement the administrative provisions issued against it. One of the most important means taken by the judiciary to force the administration to implement the administrative provisions is the responsibility of the employee declining to implement the administrative provisions in the first demand and the possibility of applying compulsory execution system in the (second demand). Through studying organizing legislations of the administrative provision implementing process in Palestine , it was clear that there are some inadequacies in these texts compared with (Egyption,Jordanian,Algerian). legislations. It was clear that some of them were wider and more accurate than their Palestinian counterparts, which exceeded many law issues that were neglected by the Palestinian legislator. Also the judicial administrative Palestinian system is much narrower than in the compared legislations that were previously mentioned. In addition to the existence of organizing and a variety of means of confronting the declining administration of implementing administrative provisions,On the contrary، the Palestinian legislation that comes sometimes inadeqaent or even with no organizing of these various means that guarantee forcing the administration to stand up for all its commitments .The Algerian legislator used means of financial threats widely to force the administration to stand up for its commitments. On the contrary , the Palestinian legislator didn’t organize them efficiently or even didn’t mention them sometimes. The Egyptian legislator made the judicial role largely efficient in confronting the declining administration dispute، despite the fact that there are some inadequacies in Egyption legislations but they were wider and more accurate than than in the Palestinian legislation in real application. The Jordanian legislation application of booking funds of the administration as a means of compulsory exution to force it to respect and implement administrative judicial sentences and organizing the responsibility of the declining the administration to implement the administrative provisions wider and applying it in Jordanian courts on the contrary of the Palestinian legislation and judiciary. The researcher suggested some recommendations to treat the problems of the research and what resulted from the study, which rotates in its entirety on legislating a legal system capable of forcing the administration to implement and respect the administrative provisions and standing up for its commitments towards all the judicial sentences issued against it , so that there would be an organizing of a harmonic legislation capable of adjusting the process of implementing Administrative provisions , like the compared legislations previously mentioned.