A new legal principle: accepting a lawsuit after fulfilling the mandatory appeal process
The Supreme Administrative Court in the Kingdom of Saudi Arabia established an important judicial principle that enhances the guarantees of litigation and protects the rights of plaintiffs, as it affirmed that filing a lawsuit before the administrative judiciary after fulfilling the condition of “mandatory grievance” is a correct procedure, and it is not valid to plead that the lawsuit is inadmissible due to a previous ruling on it, in the event that the previous ruling was issued with inadmissibility due to the absence of this formal condition.
Details of the new judicial principle
The court explained in its reasoning that the dispute in the subsequent lawsuit (after the appeal was filed) is brought before the court after a fundamental condition that was absent in the first instance has been met. Therefore, ruling on the case after this condition is fulfilled does not constitute a ruling on a matter already decided, because the initial ruling focused on the procedural aspect (the failure to meet the conditions) and did not address the substance of the dispute.
Case facts and application of the principle
The details of the case upon which this principle is based date back to a lawsuit filed by a plaintiff before the Administrative Court seeking the annulment of an administrative decision concerning his dismissal from academic work. An initial ruling was issued dismissing the case due to the absence of the mandatory appeal procedure (a procedure that requires the aggrieved party to appeal to the administrative body before resorting to the courts).
Consequently, the plaintiff rectified his legal status and submitted the mandatory appeal to the relevant authority, then refiled the lawsuit. However, he was surprised to find that the case was inadmissible due to a previous ruling. At this point, the Supreme Administrative Court intervened, overturning the ruling and affirming that the appeal process rendered the lawsuit new and fully compliant with the requirements. The court then referred the case to the Administrative Court of Appeal for a final decision.
The importance of mandatory appeals in administrative courts
The mandatory appeal process is a crucial stage in the litigation system before the Board of Grievances. Through it, the legislator aims to grant the administrative body an opportunity to review its decisions and rectify potential errors amicably before the dispute reaches the courts. This new principle underscores that the ultimate goal is achieving justice, and that initial procedural errors should not deprive a rights holder of their right to claim it, provided they meet the legal requirements.
Development of the administrative justice system in Saudi Arabia
This ruling comes within the context of a comprehensive development underway in the Kingdom's administrative judiciary, represented by the Board of Grievances, which seeks to align with the Kingdom's Vision 2030 by improving judicial rulings and reducing litigation time. This development is not limited to procedural aspects alone, but extends to a complete digital transformation through the "Moeen" digital platform, which has streamlined the procedures for filing and tracking lawsuits.
This principle also reflects the Supreme Administrative Court’s keenness to disseminate judicial heritage and established principles, which contributes to unifying judicial interpretations and provides specialists, lawyers and litigants with a clear reference that enhances transparency and effective justice in the Kingdom.
