القاضي الإداري الفلسطيني و قرارات مؤسسات التعليم العالي غير الحكومية : دراسة تحليلية

Abstract EN

This research seeks to show the development of the position of the Palestinian administrative judge regarding the decisions issued by non-governmental higher education institutions (that is universities) enjoying the fact that non-governmental higher education institutions are not linked with the public law society, adhering to the literal meaning of Article (33/2) of the Regular Courts Formation Law 5/2001, with a view to establishing its lack of competence to consider its respective decisions, and then to abandon its previous under revision aforementioned article's text.

Accordingly, the research is divided into two parts: The first part looks into how the administrative judge rejected to practice its jurisdiction over decisions issued by non-governmental higher education institutions; while the second part investigates how the administrative judge accepted to consider decisions issued by non-governmental higher education institutions.

As a result, understanding the position of the Palestinian administrative judge with regards to its jurisdiction on the decisions issued by non-governmental higher education institutions as being based on the factor of competency and adherence to the literalism of the legal text excluding the physical and thematic considerations to decide on its competence/non-competence concerning the decisions taken by the institutions in question.

Additionally, the research has revealed that the administrative judge in Gaza Strip shows different understanding than that in the West Bank