LAW OF THE BOARD OF GRIEVANCES
Chapter One
Formation of the Board
Article 1:
The Board of Grievances is an independent
administrative judicial body reporting directly to the King and
its seat shall be the City of Riyadh.
The Board‟s judges and judgments shall enjoy the
guarantees provided for in the Law of the Judiciary and shall
observe the duties provided for therein.
Article 2:
The Board of Grievances consists of a president of the
rank of minister, one or more vice presidents and a sufficient
number of judges in addition to the necessary number of
researchers, specialists, administrators and the like.
Article 3:
The Board‟s vice presidents are appointed by royal
order from among those satisfying the requirements for
assuming the rank of Chief Judge of an Appeals Court.
Chapter Two
Administrative Judicial Council
Article 4:
A council named “Administrative Judicial Council”
shall be established at the Board and shall consist of the
following:
- President of the Board of Grievances, Chairman.
- President of the High Administrative Court, Member.
- The most senior vice president of the Board, Member.
- Four judges of the rank of an Appeals Judge to be named
by royal order, Members.
Article 5:
Without prejudice to the jurisdictions of the
Administrative Judicial Council provided for in this Law, the
Administrative Judicial Council shall, in relation to the Board of
Grievances, assume the powers of the Supreme Judicial Council
provided for in the Law of the Judiciary. The Chairman of the
Administrative Judicial Council shall, in relation to the Board of
Grievances, have the powers of the Chairman of the Supreme
Judicial Council.
Article 6:
The Administrative Judicial Council, presided over by
its Chairman, shall convene at least once every other month and
whenever necessary. Its session shall not be valid unless
attended by at least five of its members, and its decisions shall
be issued by majority vote of the Council. In the in absence of
the Chairman of the Council, the Chairman of the High
Administrative Court shall act on his behalf.
Article 7:
The Council shall have a general secretariat, and the
secretary general shall be selected from among the judges.
Chapter Three
Courts of the Board
Section One
Hierarchy of Courts
Article 8:
Courts of the Board of Greivances shall consist of the following:
(1) The High Administrative Court.
(2) The Administrative Courts of Appeal.
(3) The Administrative Courts.
Administrative courts of appeal shall be formed of a
chief judge and a sufficient number of judges whose rank shall
not be less than the rank of an Appeals Judge.
Administrative courts shall consist of a chief judge and a
sufficient number of judges. The Administrative Judicial
Council may establish other specialized courts with the
approval of the King.
Article 9:
The courts shall exercise their jurisdictions through
specialized panels formed as follows:
(1) Panels of the High Administrative Court, three judges.
(2) Panels of the Administrative Court of Appeal, three
judges.
(3) Panels of the Administrative Court, three judges and
may consist of one judge.
Panels of the Administrative Courts of Appeal and the
Administrative Courts shall be formed by the Administrative
Judicial Council pursuant to a recommendation by the courts‟
chief judges.
Section Two
High Administrative Court
Article 10:
(1) The seat of the High Administrative Court shall be the
City of Riyadh and shall be formed of a chief judge and
a sufficient number of judges of the rank of Chief Judge
of an Appeals Court.
(2) The Chief Judge of the High Administrative Court shall
be named by royal order. His rank shall be that of
Minister and his service may not be terminated except
by royal order. He shall satisfy the requirements for the
rank of Chief Judge of an Appeals Court. In his absence,
the most senior judge shall act on his behalf. Members of
the High Administrative Court shall be named by royal
order pursuant to a recommendation by the
Administrative Judicial Council.
(3) The High Administrative Court shall have a general
panel presided over by the Chief Judge of the court and
membership of all its judges. In his absence, the most
senior of its judges shall act on his behalf. The panel‟s
meeting shall be presided over by the chief judge or
whoever acts on his behalf. Its session shall not be valid
unless attended by at least two thirds of its members,
including the chief judge or whoever acts on his behalf.
Its decisions shall be issued by majority vote of its
members.
(4) If a high administrative court panel, when reviewing an
appeal, decides to depart from a precedent established
in a previous judgment rendered by it or by another
court panel, it shall bring the appeal before the chairman
of the court to refer it to the general panel of the court to
decide it.
Section Three
Jurisdiction of Courts
Article 11:
The High Administrative Court shall have jurisdiction
to review appeals against judgments of administrative courts of
appeals if the grounds of appeal are any of the following:
(a) Violation of provisions of Sharia or laws not inconsistent
therewith or an error in application or interpretation
thereof, including violation of a precedent established in
a judgment rendered by the High Administrative Court.
(b) Being rendered by an incompetent court.
(c) Being rendered by a court not constituted in accordance
with the Law.
(d) An error in characterizing the incident or in describing
it.
(e) Deciding a dispute in contradiction with another
judgment previously rendered in connection with the
litigants.
(f) Conflict of jurisdiction among the Board‟s courts.
Article 12:
Administrative courts of appeals shall be entrusted with
reviewing appealable judgments rendered by the
administrative courts, and shall decide after hearing the
litigants in accordance with legal procedures.
Article 13:
Administrative courts shall have jurisdiction to decide
the following:
(a) Cases relating to rights provided for in civil service,
military service and retirement laws for employees of
the Government and entities with independent
corporate personality or their heirs and their other
beneficiaries.
(b) Cases for revoke of final administrative decisions issued
by persons concerned when the appeal is based on
grounds of lack of jurisdiction, defect in form or cause,
violation of laws and regulations, error in application or
interpretation thereof, abuse of power, including
disciplinary decisions and decisions issued by quasi-
judicial committees and disciplinary boards as well as
decisions issued by public benefit associations – and the
like – relating to their activities. The administrative
authority‟s refusal or denial to make a decision required
to be made by it in accordance with the laws and
regulations shall be deemed an administrative decision.
(c) Tort cases initiated by the persons concerned against the
administrative authority‟s decisions or actions.
(d) Cases related to contracts to which the administrative
authority is party.
(e) Disciplinary cases filed by the competent authority.
(f) Other administrative disputes.
(g) Requests for execution of foreign judgments and arbitral
awards.
Article 14:
Courts of the Board of Grievances may not review cases
related to sovereign acts, nor appeals against judgments
rendered by courts– not subject to this Law– within their
jurisdiction, or against decisions issued by the Supreme Judicial
Council and the Administrative Judicial Council.
Article 15:
Without prejudice to the provision of Article 27 of the
Law of the Judiciary Law, if a case is filed for the same subject
matter before one of the Board‟s courts and before any other
authority having jurisdiction to decide certain disputes, and if
both the Board‟s court and the other authority insist on
reviewing the case or both decline to do so, a request for
designating the competent body shall be submitted to the
Conflict of Jurisdiction Committee, which shall be formed of
three members: a member from the High Administrative Court
to be named by the Chief Judge of the Court, a member from
the other authority to be named by the head of said authority,
and a member from the Administrative Judicial Council to be
named by the Chairman of the Council who shall chair this
Committee. Said Committee shall also have the power to decide
disputes arising in relation to execution of two contradicting
final judgments, one of them rendered by a court of the Board
and the other by the other authority. It shall decide these cases
in accordance with the provisions and procedures provided for
in the Law of the Judiciary.
Chapter Four
Appointment of Board Judges and their Service Affairs
Article 16:
Ranks of judges of the Board are those provided for in
the Law of the Judiciary. With respect to salaries, allowances,
rewards and benefits, Board judges shall be treated as their
counterparts in the Law of the Judiciary.
Article 17 :
Appointment, promotion, transfer, assignment, training,
secondment, approval of their leaves, inspection of their work,
discipline, removal from office and termination of the service of
Board judges shall be in accordance with procedures specified
in the Law of the Judiciary.
Chapter Five
General Provisions
Article 18:
Without prejudice to the provisions provided for in this
Law, the President of the Board shall have administrative and
financial supervision over the Board and shall have the powers
of a minister provided for in the Law of the Judiciary and its
implementing regulations and decisions, regarding the Board‟s
employees. He shall be the authority on matters issued by the
Board in this respect to ministries and other bodies.
Article 19:
Without prejudice to the provision of Article 6 of this
Law, vice presidents shall carry out duties entrusted to them by
the President. In case of his absence or if the position becomes
vacant, the most senior of the vice presidents shall assume the
position of the President.
Article 20:
At the end of each year, the Administrative Judicial
Council shall prepare a comprehensive report on the Board‟s
work, including achievements, impediments, and
recommendations. The President of the Board shall bring said
report before the King.
Article 21:
An office for technical affairs shall be formed at the
Board consisting of a head and a number of judges, specialists
and researchers to be in charge of providing opinions,
preparing research papers, studies and the like of matters
requested by the President of the Board. At the end of each
year, the office shall classify the judgments rendered by the
courts of the Board, then print and publish them in volumes,
and a copy thereof shall be submitted along with the report.
Article 22:
(1) Without prejudice to the provisions of this Law, the
Board‟s employees – other than judges – shall be
governed by the Civil Service Law. The employees of
each court shall be under the supervision of their
administrative head, and all shall be monitored by the
chief judge of the court.
(2) Without prejudice to the provisions of the Civil Service
Law, a person appointed as an assistant to the judiciary
shall have passed an examination, the procedures and
requirements of which shall be determined pursuant to
a decision by the Administrative Judicial Council
Article 23:
All appointments and promotions in the judiciary at the
Board shall be effected within the appropriations made in the
budget and the provisions thereof.
Article 24:
In exception to provision of this Law, any judge
qualified to hold the rank of an Appeals Judge may, during the
five years following the entry into force of this Law, be assigned
to assume the duties of the rank of Chief Judge of a Court of
Appeals.
Article 25:
The Law of Pleadings before the Board of Grievances
shall specify rules of pleadings and procedures before it.
Article 26:
This Law shall supersede the Law of the Board of
Grievances issued by Royal Decree No. (M/51) dated
17/07/1402 H.