التنظيم القانوني لعضوية مجلس الشورى و ترخيص المحاماة و مدى الجمع بينهما في النظام السعودي

الملخص EN

This research deals with; A statement of the legal provisions for the mem¬bership of the Shura Council and the lawyer’s license and the extent to which they can be combined in Saudi law, whether for a person appointed as a member of the Shura Council while practicing law, or for someone who was appointed and wishes to obtain a lawyer’s license after appointment.

The importance of this research shows; In that it deals with this subject in light of the legislator’s prohibition of combining membership of the Shura Council with any government job, as well as its prohibition of combining the legal profession with any governmental or private work, and his silence on the statement of the nature of the Shura Council membership, and the extent to which the description of the public employee applies to it, and the different legal points of view on that This makes it an idea worth studying.

The problem of the research is determined by the insufficiency of the legal texts regarding the nature of the membership of the Shura Council, and their lack of clarity at times.

The research was divided into two sections, the first: the legal provisions for membership of the Shura Council and the licensing of lawyers in Saudi law, and the second: to the extent of the possibility of combining them.

The research concluded with several results, the most important of which are: that the members of the Shura Council are not public servants, and that the Royal Decree No.

1/3388 dated 9/10/1420 is related to the licensing in the beginning and not the renewal of the license.

The researcher recommended the Saudi legislator to amend Article Nine of the Shura Council Law in a manner that obliges the member to branch out for membership duties.