A case of a dispute over jurisdiction between two courts

A case of a dispute over jurisdiction between two courts

I completely understand the situation you are going through. What you face is known as a “negative jurisdiction conflict” system, a situation in which two jurisdictions refrain from hearing a single case. Regular procedure

 The correct and appropriate thing in your case is to submit a request to the “Committee for the Resolution of Conflicts of Jurisdiction” to appoint the judicial authority competent to consider your case. 

Systematic basis: 

Dealing with this situation is regulated by clear provisions in both the judicial system and the Board of Grievances system: 

Judicial system: 

Article Twenty-Seven of it stipulates that: “If a lawsuit is filed on one subject before one of the courts subject to this” 

The system and before one of the courts of the Board of Grievances… and neither of them abandoned its consideration or both of them abandoned it ‍‍; then the request to appoint the competent authority is submitted to 

Committee for Resolving Conflicts of Jurisdiction in the Supreme Judicial Council. This text applies exactly to your case where the General Court (subject to the judicial system) and the court abandoned 

Administrative (subject to the Board of Grievances system) from hearing the case.

Board of Grievances system:

 Article 15 affirms the same principle, confirming that this is the procedural path adopted by both judicial authorities. 

A case of a dispute over jurisdiction between two courts

Procedures followed to submit an application: 

According to Article 28 of the Judicial System, you must follow the following steps: 

•Preparing the application form:

The application must be submitted in the form of a “newspaper” to be deposited with the General Secretariat of the Supreme Judicial Council. 

•Newspaper data: 

The newspaper must include basic information (your name, the defendant’s name “Tabarjal Municipality”, both addresses), in addition to a sufficient statement about the lawsuit and its subject matter (the request for compensation for vehicle damage), and an explanation of the facts of the conflict of jurisdiction in the presence of two final rulings of lack of jurisdiction. 

•Required documents: 

The newspaper must be accompanied by copies of the number of opponents and, more importantly, copies of the final rulings issued for lack of jurisdiction.

What happens after submitting the application? 

•Once the application is submitted, the Conflict of Jurisdiction Resolution Committee will examine the case. 

•The committee’s decision shall be issued by a majority, and this decision shall be final and not subject to objection ‍‍, in accordance with Article 30 of the Judicial System. 

•The committee’s decision will now determine the competent judicial authority, which will be obligated to consider your case and decide on its subject. 

A case of a dispute over jurisdiction between two courts

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