By enforcing the Law by Decree No. 41 of 2020 concerning the Administrative Courts (hereinafter: Decree-Law), the administrative judiciary has become on two instances (the Administrative Court and the High Administrative Court). However, the Decree-Law set a transitional period pending the formation of the Administrative Courts, during which, the Court of Cassation was granted the competence of rendering final decisions on administrative cases according to Article (54/3) of the Law by Decree. Despite the foregoing, the High Constitutional Court declared Article (54/3) of the Law by Decree unconstitutional.
Subsequently, the Decree-Law Regarding Administrative Courts has been amended by a recently issued Decree-Law No. 13 of 2022, which entered into force on February 27th, 2022 (despite its publication on March 6th). According to the new amendments, and in light of the latest Constitutional Court decision, Article (54/3) has been annulled and replaced with a new provision.
Article (7) of the Decree-Law No. 13 of 2022, which replaced the unconstitutional Article, stipulates that all decisions issued by the CCAC preceding February 27, 2022, may be appealed within 30 days as of February 27th. As a result, the deadline to file appeals against CCAS’s issued decision is March 28th, 2022.
In addition to the above, Article (7) of the newly adopted Decree-Law specifies that the appeals should be temporarily filed with the High Court Registry, pending the establishment of the High Administrative Court. Accordingly, the appeals will not be reviewed until the competent High Administrative Court is established.
