Practical Aspects of Filing a Cancellation Suit

(According to the Rulings of the Palestinian Supreme Court and the Egyptian State Council)

Abstract

In this study, the researcher examines the practical aspects of initiating an annulment lawsuit, focusing on procedural challenges within the frameworks of the Palestinian High Court of Justice and the Egyptian State Council. The central research issue revolves around two key questions: firstly, whether the petitioner must possess a legally recognized existing interest to qualify as a party in an administrative lawsuit, or if such lawsuits can be initiated by any individual as an act of public interest; and secondly, whether the procedural rules applied in Palestinian administrative judiciary align with those in criminal and civil cases, considering that Palestinian administrative courts still rely on the Civil and Commercial Procedures Law for procedural guidance. Employing a descriptive-analytical methodology, the researcher analyzes Palestinian legislation and Egyptian court rulings, highlighting procedural differences and structural limitations. The study is divided into two chapters: the first addresses the procedural rules for filing an annulment lawsuit, detailing the necessary information required in the petition up to the issuance of the lawsuit announcement; the second explores the conclusion of the annulment lawsuit through case examination, intervention, and joinder. The findings reveal a significant limitation in the jurisdiction of the Palestinian administrative judiciary, as the High Court of Justice is restricted to considering annulment lawsuits only, thereby weakening judicial protection of contested legal positions compared to practices in other judicial systems. The researcher recommends the development of a dedicated administrative procedures law that independently regulates annulment lawsuit procedures, reflecting their unique nature and ensuring expedited and effective dispute resolution.