الطعن بطريق إعادة المحاكمة في أحكام القضاء الإداري الفلسطيني : دراسة تحليلية مقارنة

Abstract EN

The Palestinian legislator adopted the principle of two-tier litigation in front of the regular judiciary, and allowed the appeal of judgments that issued in civil and criminal disputes, either in ordinary or extraordinary methods of appeals, but it didn't apply this principle in front of the administrative courts, and it wasn't mentioned in the applied assets to the High Court of Justice on any way to appeal the administrative provisions, and it hasn't been superseded by any other law, Thus, the legislator did not take the principle of two degree litigation in administrative proceedings, this raises the question of the extent of the possibility of appeal in the judgments in the retrial of the decisions of the Palestinian High Court of Justice in case of one of the cases or reasons of retrial which provided by civil and commercial law or the Palestinian Code of Criminal Procedures.

So we addressed the substantive and procedural provisions for the retrial by studying and analyzing and concluded that a request for retrial can be appealed against the judgments of the Palestinian High Court of Justice in accordance with the principle of legality and for the sake of justice, The Palestinian administrative judiciary must fulfill its powers to create legal rules and theories concerning allowing retrial appeals if any of its cases is available.

Especially this route does not conflict with the nature of administrative claims; we call on the Palestinian legislator to regulate the administrative judiciary, the procedures of litigation in front of the Palestinian administrative courts and the possibility of challenging the judgments of the administrative judiciary in ordinary and extraordinary ways.