Law Commons^™

Competency Assessment Of Public Employee In Kuwaiti Civil Service Law., Turki S. Al-Mutairi

UAEU Law Journal

The system of competency assessment has a special importance in public employment because it is one of the tools that are used to assess the capability of the employees and their ability to satisfy their public duties, as well as their roles to achieve the goals of the administrative department in managing the public facility and attaining the public interest.

The system of competency assessment seeks to achieve many objectives, the most important of which are: the advancement of the service that the public facility is providing, the improvement of the programs and methods of appointing employees and their training; …

The Legal System Of The Fine For Delays In The Administrative Contracts: An Analytical And Comparative Study., Mansour Ibrahim Al-Atoum

UAEU Law Journal

This study deals with the legal system to the fine of delay in administrative contracts, in terms of definition and characteristics and their legal basis. It also analyses the rules that govern inflicting the fine of delay to the contractor, and the reasons for exemption (volitional or compulsory) as well as the judicial control over the decision to inflict this penalty, in terms of identifying the competent judge and the scope of this oversight through the analysis of legal cases, jurisprudence and related legal rules to this subject, following a comparative analytical approach, in order to reach a balanced legal …

The Right Of Assembly Among Legal And Illegal Permissibility, Mishari Khalifa Eifan, Ghazi Obaid Ayyash

UAEU Law Journal

Human rights and freedoms are various at the present time. One of the most important right of these rights is the right of assembly. There is no doubt that this right might be exercised contrary, in some cases, with other societal interests such as interests or security concerns. Therefore, the need to address this right by the legislature comes out and the legal address requires balance between these opposing interests. As a result, the legislator should care in organization among these rights and respect constitutional limits which draw the line between permissible and impermissible enactment. In the State of Kuwait, …

The Role Of The President Of The Republic In Initiating Laws A Comparative Study, Fatiha Ammara

UAEU Law Journal

The mixed adoption of the presidential and parliamentary systems with a weighting of the executive power (the presidential authority) in a tendency of the presidential system led to a situation where the legislative work and authority are controlled by executive power due to the privileges that had been granted by the constitutional provisions and legal articles (laws). This often represents the government’s directions. The related general work transactions, specially the legislative ones, are ruled and controlled by the parliament and government and each other’s relationship with the president. The legislative work is the result of the government’s will due to …

Modifying The Saudi Basic Law Of The Government;, Ibrahim Mohammad Alhudaithy

UAEU Law Journal

This study focuses on modifying the Saudi Basic Law of the Government. The Basic Law is the Saudi written constitution. The importance of this paper lies in its relation with the Saudi constitutional law of which very few researchers have explored its deep rules and regulations. This study tries to answer several questions about modifying the Saudi constitution. What is the nature of this constitution, is it flexible for modifications, who enacted this constitution and how, does the King have the authority to withdraw such constitution, is it right to modify all its constitutional rules or are there any rules …

The Impact Of The Constitutional Amendments In The 2011 Reform Process In Jordan, Ussama Ahmed Al Hunaina

UAEU Law Journal

This research dealt with the amendments to the Jordanian Constitution, where it became clear that the current Constitution was promulgated in 1952, needs adjustments in order to keep it responsive to the requirements of the Jordanian people. About three articles of the Constitution have been modified in the executive field; the mechanism to issue temporary laws in the absence of the Parliament has been modified, where it is restricted now to issue temporary laws in specific cases. The amendments in the area of legislation have required the government to resign within a week from the date of dissolving the House …

Administrative Sanctions Against Infringements Of The Audio-Visual Media Under The Administrative Oversight Of The French Judiciary, Musa Shehada

UAEU Law Journal

This research aims to study the administrative sanctions against violations of the audio-visual media, under the administrative oversight of the judiciary in France. The study focuses particularly on the concept of administrative sanctions, their nature and characteristics, the nature of audio-visual media, relevant administrative authorities within the scope of audio-visual media and the administrative sanctions within it and judicial oversight over such sanctions, especially after ending the state monopoly of the audio-visual media sector and the Declaration of freedom of telecommunications and the withdrawal of this jurisdiction from the political authority and granting it to independent institutions that combine the …

The Right Of Individuals To Resort To The Constitutional Council Of France In Light Of The Constitution Of 1958 And Its Amendments Of 2008, Alaa Mostafa Muhyiddin

UAEU Law Journal

An "application for a priority preliminary ruling on the issue of constitutionality" is the right for any person who is involved in legal proceedings before a court to argue that a statutory provision infringes rights and freedoms guaranteed by the Constitution.

Once conditions of admissibility have been complied with, the Constitutional Council, to whom the application will have been referred by the Council of State or the Court of Cassation, will give its ruling and, if need be, repeal the challenged statutory provision.

The application for a priority preliminary ruling on the issue of constitutionality was introduced under the constitutional …

The Legal System Addressing Public Administrative Infringements Under The Yemeni Law, Mohamed Ahmed Ghober

UAEU Law Journal

The research aims to clarify the concept of public administrative sanctions through a study of its scope which consists of the public administrative infringements in the Yemeni legislation. The research concludes to express an inherent jurisdiction of the legislative authority in general, and its competence in the criminalization and punishment, in particular, as well as the role played by the executive authority in the legislation and punishment and the extent of its authority to do so. Moreover, the study explained the legal nature of the public administrative infringements which is reflected in the nature of criminal offenses, both in terms …

The Evolution Of The Position Of The Administrative Court On The Determination Of The State's Responsibility For The Damages Resulting From The Laws: Comparative Study, Waleed Arab

UAEU Law Journal

Parliament is the elected authority by the people to express the general will of the nation and the sovereignty of the people. In accordance with the general political and constitutional principles, it enjoys wide power in legislation whereby it governs various aspects of the social, economic and political life etc.

The sovereignty enjoyed by the parliament made its authority not responsible for the damages to the members of the society; in addition other arguments justified absolving the Parliament from any judicial or political oversight and with the principle of no liability of the state for damages caused by the laws …

Constitutional Controls For Necessary Legislation In The United Arab Emirates (Uae): Comparative Study- 1st Part, Amani Omar Mohammed

UAEU Law Journal

Jurisprudence and the judiciary admitted the extraordinary jurisdiction of executive authority in the area of legislation. Through this paper, we have addressed many questions about the nature of the exceptional circumstances and how determined by the jurisprudence and the judiciary in both France and Egypt. Considering that Article 16 of the Constitution of the Fifth Republic in France, issued in 1958, the basis of the theory of historical necessity in Arab constitutions.

Analytical comparative method was used to know the facts about the necessity legislations and its historical development and grounds in both France and Egypt.

Then, we dealt with …

The Rationale For The Executive Authority To Resort To The Judiciary, Mohamed Farouk Mohammed

UAEU Law Journal

Selecting the state for direct execution is not free from restrictions, as it is imagined; disobeying to every limit, but it has conditions and restrictions the executive power must fulfill before selecting this approach, the executive power recognized this matter recently, so it began to waive practicing this direct execution for condition it estimated in the light of general interest preferring resorting to jurisdiction firstly in spite of bad sense of some police administration that foreign from this field of law supremacy due to effects of this practice.

The administration may refuse resorting to administrative methods to exigent its right …

The Provision Of Expedited Financial Advance Before The Administrative Court: A Comparative Study Of French And Algerian Laws, Addo Abdulkadir

UAEU Law Journal

Through the Decree No. 88 -907 of 27 September 1988, amended by Decree No. 2000-1115 of 22 November 2000, the French legislator has introduced a new procedure similar to that outlined in the Code of Civil Procedure. This new procedure allows the administrative judge to grant a proviso to creditors of public persons, as soon as possible, since the existence of the obligation is not seriously disputed. Through the same judicial formula used in the legal code of the French administrative justice, the Algerian legislator introduced this procedure in the code of civil and administrative procedures in 2008, provided that …

Contractual Liability Of The Administration For The Violation Of The Controls Set By The Sanctions Authority: Analytical Study In Light Of The Legislation And The Provisions Of The Uae Judiciary, Ahmed Juma Al Baluchi

UAEU Law Journal

This study focuses on the theme of violation of the administration of its authority to impose sanctions on the contractor in case where it has sole discretion, in terms of the statement of its power, controls, infringement, and the responsibility of the administration towards the contractor. The study applies jurisprudence concepts and judicial decisions in addition to legal analysis on this subject in the United Arab Emirates. Moreover, the study follows the comparative analytical method, in order to reach sound scientific findings. Accordingly, I divided the study into three sections leading to a conclusion that reflects the findings and recommendations …

The Basis Of Administrative Responsibility Without Fault In The Light Of Islamic Jurisprudence (Fiqh) And The French Council Of State Judiciary: An Original Analytical Study, Bassam Mohammed Abu Armela

UAEU Law Journal

In order to achieve public interest, administration carries out a lot of lawful of legal and physical businesses. As a result, a lot of individuals often were exposed to a great harm and damage. Therefore, they should be compensated for this damage to achieve the rules of justice and equity that are imposed by justice to bear the consequences of its actions even if it is lawful and to be more responsible without any mistakes.

For reaching this goal, and in the lack of wrong idea about addressing this issue, and in order to support this responsibility, this study is …