Procedural Rules for the Exchange of Regulations Between Adversaries in the Annulment Claim "a Comparative analysis study"

Abstract

Proceeding with the administrative dispute requires following procedures similar to other judicial disputes. Still, the dispute in the annulment claim has a specificity and independence that distinguishes it from other disputes. It requires that it be organized according to special provisions and procedures, therefore the problem of the study lies in the adequacy and independence of the procedural rules that regulate. The procedures for exchanging the pleadings between the Adversaries are organized, what are the conditions that must be met in the lawsuit pleadings, did the legislator stipulate specific deadlines for submitting the pleadings, and what is the effect of refraining from submitting the refutational pleading or responding to it. This study aims to explain the procedures followed during the exchange of statements between the Adversaries by explaining the procedures for submitting a summons, in addition to explaining the procedures used to submit the response statements and responding to them, and indicating the effects of refraining from responding to the statements submitted by the Adversaries.

    This study concluded many results, the most important of which are: The Jordanian legislator considered the defendant's refusal to submit a response statement; It is an acknowledgment of the facts and reasons mentioned in the summons, and the same is the case with regard to the failure to submit a response to the response statement by the plaintiff, although the text of Article (11 / a) of the Administrative Judiciary Law came in an optional form that is not compatible with the legal effect of the refrain. The study recommends to the Jordanian legislator many  recommendations, the most important of which are: Work to amend the provisions of the following articles of the Administrative Judiciary Law: Article (11/a) to become as follows: “The defendant must submit a response statement,” and Article (12/a) to become as follows: “The response statement and its attachments shall be notified to the petitioner within ten days of The day following the date of his notification of the answering statement and its attachments, he shall submit a response to it.

Keywords: adversaries, administrative Dispute, procedural rules, Exchange of Regulations, annulment claim.