The Syrian People's Council approved, on Monday, a bill abolishing all legal provisions that withhold the right to litigation or immunize any administrative act or decision from the oversight of the competent judiciary, during the second day of the second session of the first ordinary session of the first legislative term. This measure aims to lift restrictions that prevent aggrieved parties from resorting to the judiciary to appeal administrative decisions that caused them harm.
Abolition of Restrictions on the Right to Litigation
Abdul Nasser Houshan, head of the Constitutional and Legislative Committee in the People's Council, confirmed that the bill allows administrative and executive decisions to be subject to judicial oversight, noting that any person harmed by an administrative decision is considered to have a legitimate interest and has the right to appeal it. He pointed out that the immunity of administrative decisions was included in several laws in effect during the former regime, where certain decisions issued by special committees were considered final and non-appealable.
Scope of Application and Exceptions
Houshan explained that an example of this is the decisions of evaluation committees tasked with assessing allowances and financial values, where the Expropriation Law stipulated that their decisions were not subject to appeal before the judiciary. He clarified that the committee retained the phrase "any administrative act or decision" in its absolute sense to encompass all restrictions, noting that the absolute legislative drafting is most suitable for establishing rights, as the principle is the unrestricted exercise of the right.
Implementation and Follow-up Mechanisms
Houshan stated that the law will not enter into force until issued by the President of the Republic and published in the Official Gazette, and it will not apply retroactively to previous decisions. He added that executive instructions will be issued to determine litigation mechanisms and competent courts, while noting that the Council will follow up on the practical results of implementation through periodic reports, with the possibility of executive and judicial authorities monitoring these results, particularly the Ministry of Justice.
Source: Syrian Arab News Agency (SANA)
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