شرط المصلحة في قضاء محكمة العدل العليا الأردنية

الملخص EN

The condition of interest is considered as one of major principle which the administrative law jurisprudence depends on , because condition of interest is the cause of administrative case , which was stated in the terms of the supreme justice court code 1992 in Jordan , in which the legislator stated that, " any case will not be approved or accepted in front of this court unless the plaintiff (claiman) has real and personal interest".

It's determined that the interest in the case of nullity should not depend on a real right was tress passed or was threatened to be tress passed by the public authority because of it's real or relevant nature for nullity case .

While the case of nullity related to the real of relevant judicial which involves around the legitimacy of administrative decisions, in which the individuals can be benefit from the real rights , according to the majority opinion there for the interest can only be the condition that nullity case can be accepted .

The diligence of Jordanian supreme justice court in general tackled with this condition which was clarified the nature and kinds of this condition , in order to keep ( guard) the legitimacy doctrine and to approve the curiosity of judiciary procedures.

The relation between the interest condition and relevant case is very clear and they can't be separated , there for no interest if plaintiff abandon his right in the relevant case , or if the capacity of on of the disputes parties was disappeared or the case was ended or the decision was with drawl by the authority which issued before.