General Judicial Jurisdiction
Explanation
The administrative justice system in Lebanon is based on the distribution of competencies (compétence) between the administrative courts and the State Council. Administrative courts are considered the ordinary authority to hear administrative disputes in the first instance. This includes claims for compensation for damages from public works, administrative contracts, and cases of occupying public domain (domaine public). These courts also hear cases of taxes and fees. The legislator explicitly excluded claims for compensation for vehicle accidents from the jurisdiction of the administrative judiciary and assigned them to the judicial courts.
In cases of taxes and fees, the law imposed a mandatory formal procedure. The concerned party must submit a prior objection (réclamation préalable) before the competent financial department. If the lawsuit is filed before the administrative court prior to this objection, its fate is dismissal.
Administrative courts are also competent to hear annulment requests for excess of power (recours pour excès de pouvoir) directed against decisions issued by local authorities such as the governor, the district commissioner, or the municipal council. They also examine the legality of local elections and the discipline of local employees.
In contrast, the State Council retains exclusive competence to hear in the first and last instance (premier et dernier ressort) specific cases. These cases include challenging implementing and individual decrees and the regulatory acts of ministers. They also include cases of employees appointed by decrees, and administrative decisions whose scope exceeds a single administrative court.
Finally, the State Council hears, contrary to any other text, disputes related to the discipline of employees. If a lawsuit is brought before the judicial courts and its resolution requires the interpretation of an administrative act that falls outside their competence, they must postpone deciding on it until the act is interpreted by the competent authority.
Official legal articles
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replace · 2000-06-29: Open the official text
replace · 2000-06-29: Open the official text
Think deeper
Why do you think the law required submitting a prior objection before the financial department before resorting to the administrative court in tax cases?
Flashcards
What is the competent court to hear claims for compensation for vehicle accidents?
The judicial courts, as these cases fall outside the jurisdiction of the administrative judiciary.
What is the mandatory procedure before filing a tax lawsuit before the administrative court?
A prior objection must be made before the competent financial department under penalty of dismissing the objection.
Who hears annulment requests for excess of power regarding the governor's decisions?
The administrative courts in the first instance.
What is the competent authority to hear cases of employees appointed by decrees?
The State Council in the first and last instance.
What does the judicial court do if resolving the lawsuit requires the interpretation of an administrative act that falls outside its competence?
It must postpone deciding on the lawsuit brought before it.
Practice questions
Which of the following cases falls outside the jurisdiction of the administrative judiciary and is heard by the judicial courts?
Claims for compensation for damages resulting from vehicle accidents fall outside the jurisdiction of the administrative judiciary and are heard by the judicial courts (Article 61).
If a citizen wants to challenge a decision issued by a municipal council due to excess of power, which authority do they approach?
The administrative courts are competent to hear annulment requests due to excess of power for decisions issued by a local public authority like the municipal council (Article 63).
An employee appointed by decree wants to file a lawsuit challenging an administrative decision concerning them. What is the competent court?
The State Council hears cases of employees appointed by decrees in the first and last instance (Article 65).
What is the mandatory procedure before filing a lawsuit challenging a direct tax before the administrative court?
An objection must be submitted to the competent financial department before filing the lawsuit before the administrative court, under penalty of dismissing the objection (Article 62).
Who hears annulment requests for implementing decrees and regulatory acts issued by ministers?
The State Council hears annulment requests for implementing decrees and regulatory acts issued by ministers in the first and last instance (Article 65).
Case problems
A citizen was hit by a car belonging to the Ministry of Public Works. At the same time, a municipal tax that he considers illegal was imposed on him. The citizen decided to file a direct lawsuit before the administrative court to claim compensation for the traffic accident and to annul the municipal tax. Determine the fate of each of the two requests based on the legal rules.
Model answer
Regarding the claim for compensation for the traffic accident, the administrative court is not competent to hear it. Claims for compensation for damages resulting from vehicle accidents fall outside the jurisdiction of the administrative judiciary and are heard by the judicial courts (Article 61).
Regarding the request to annul the municipal tax, the administrative court is competent in principle, but the lawsuit will be dismissed in form. The concerned party in cases of taxes and fees must object to them before the competent financial department before filing the lawsuit before the administrative court, under penalty of dismissal (Article 62).
Self-grading rubric
The Minister of Interior issued a regulatory decision regarding the conditions for granting driving licenses. Based on this decision, the Governor of Beirut issued an individual decision refusing to grant a license to a citizen. The citizen wishes to challenge the regulatory decision of the Minister and the individual decision of the Governor due to excess of power. What is the competent court for each challenge?
Model answer
Regarding the challenge to the regulatory decision issued by the Minister, the competent court is the State Council. The State Council hears in the first and last instance annulment requests due to excess of power for regulatory acts issued by ministers (Article 65).
Regarding the challenge to the individual decision issued by the Governor, the competent court is the administrative court. The administrative courts hear annulment requests due to excess of power for decisions of an administrative nature issued by a local public authority such as the governor (Article 63).