Ministries and government agencies that refrain from implementing "judicial" provisions are enforceable

While the courts of administrative courts in the Makkah area are clashing with cases against ministries and government bodies that have resulted in binding and enforceable judicial rulings, these ministries and government institutions have failed to implement judicial rulings issued during the past period.

Reliable sources told Al-Hayat that many of the judicial verdicts issued against government ministries have not been implemented and have been included in the "troubled" lists, in addition to the procrastination of some government agencies in implementing the verdicts, even though they have become enforceable.

It pointed out that these provisions were issued against ministries and government service agencies that harmed citizens, some of them related to arbitrary decisions, and some of the last financial compensation, in addition to judicial rulings issued by the Ministry of Finance to pay the rent of its headquarters in some governorates up to millions of riyals.

The sources confirmed that the verdicts issued by the administrative courts were against a number of ministries, most notably the Ministry of Municipal and Rural Affairs represented by the Jeddah Municipality, in addition to the Ministry of Hajj, the Ministry of Health and some other governmental bodies that have been sued by companies and individuals in cases Different and varied.

Saudi lawmakers and lawyers described the failure of these ministries and government agencies to implement the rulings of the judiciary in the absence of justice rules, pointing out that the failure of these government agencies to implement the judgments of the judiciary is uglier and uglier than the abstention of individuals.

In an interview with Al Hayat, they called for the creation of a body or a circle that obliges those governmental bodies to implement judicial rulings, as in the current executive circles. They said that this would protect the victim from the decisions of those parties, which at times are arbitrary.

The former prosecutor and lawyer Ibrahim al-Abadi said that the Ministry of Finance sets a compensation clause against government agencies under the budget item. He pointed out that the problem in some ministries that do not implement judicial rulings is due to "ignorance", including the lack of specialists with legal expertise To guide those ministries to the implementation of final and positive judicial decisions.

He added: "There must be consequences on the ministries that are not required, and the persons responsible in the authority, or the ministry that disrupted these provisions, because the judicial provisions are enforceable, which is stipulated in the Basic Law of Governance, and committed to respect the judiciary as a pillar of the state .

He continued: «The intervention of the legislative body to enact regulations that require implementation, and the establishment of a penalty for non-implementation of government agencies, because the implementation of non-non-governmental bodies have a strict mechanism decided by the implementation system, and applied to the abstainer, Implementation so as not to disrupt the interests of people ».

He pointed out that there are some government agencies implement the provisions immediately upon arrival, while some of them refrain and delay in the interests of the people.

Abizaid said: «The implementation system issued by the royal order and its executive regulations issued by the decision of the Minister of Justice No. 9892 on 17/4/1434 AH, stipulates in Article 89 that the public servant and the like shall be sentenced to imprisonment for a term not exceeding seven years, , And is a crime against the Secretariat ».

He said: «The text states that the provisions of this article apply to employees of companies owned by the state, or share ownership, as well as associations of public benefit».

Al-Abbadi pointed out that a decision of the Supreme Council of the Judiciary was issued on the implementation of sentences issued against government bodies. In the second paragraph, the Supreme Council of the Judiciary issued a directive instructing government agencies to take the judicial decisions in the executive form issued against them by the courts to take immediate measures to implement them. As appropriate.

"There is no doubt that government agencies should be the role models in the implementation of judicial decisions. Their commitment to these provisions is obligatory, and their abstention is uglier and uglier than the failure of individuals to carry out judicial decisions." Article 89 states that "severe penalties should be imposed on those who abstain. The law so as not to be in a dilemma », pointing out that the implementation system came in comprehensive texts in the implementation issues, whether the implementation of individuals, or government agencies.

The law professor at King Abdul Aziz University in Jeddah, Dr. Omar Al-Kholi, spoke of the failure of some ministries to implement the judicial rulings, saying that "the implementation system exempted the provisions issued against the government bodies from subject to the provisions of the implementation system for considerations related to the nature of the implementation procedures and the nature of administrative bodies.

He pointed out that it is not possible to establish executive departments against government agencies, pointing out that it is possible to create a special body to do this, in addition to "urging government agencies" to implement judicial decisions, and said: "This is often exceeded the urge and in my view that such The situation violates the rules of justice ».

He asked: "What is the value of obtaining judicial decisions against a government body that refuses to implement the judicial ruling, or circumvents its means and influence, and its authority to prevent its implementation?"

On the other hand, the lawyer and legal adviser Yazid Ghazzawi called for the establishment of enforcement services in the administrative courts to implement the enforceable judicial rulings issued against the ministries and the Jumu'ah authorities, especially in light of delays and delays in the implementation of sentences, which harmed the interests of the people.

«Municipal Affairs» recognizes the need to respect the «judiciary»

سجل The decision of the Ministry of Municipal and Rural Affairs to reject the implementation of judicial verdicts issued to citizens by enabling them from their lands in the north of Jeddah as the main decisions that the ministries refrain from implementing the judicial decisions.

The Ministry of Municipal and Rural Affairs linked the implementation of the Judiciary Judgments that were issued by the Administrative Court in Jeddah on (Plan 282) housing located in the north of the province, the need to issue directives from "higher bodies" to implement those provisions which include the release of the scheme.

The ministry admitted, according to letters (obtained by al-Hayat, a copy) that the verdicts have become final and that the judicial ruling must be respected and enforced as a title for the truth, noting that it can not be circumvented because it is not implemented under any reason, Part of the judgments of the court and compliance with them.

She stressed in her letters that she is waiting for directions from top parties to implement the judicial decisions issued for the benefit of a number of citizens, which included obligating the secretariat to hand over the plan to its owners, canceling the decision of the Jeddah Municipality to stop and enable the plaintiffs' citizens from their properties.

These developments came after 15 judges in the Makkah area approved that the decision of the Jeddah Municipality to stop the scheme in the north of the province is invalid and contrary to the law and state regulations, construction regulations and high orders. Cancel its decision to suspend, and enable citizens who claim their property.

The administrative courts also recorded rulings against the Ministry of Hajj issued in the past years in various cases for the benefit of the companies and institutions of Hajj and Umrah and their employees (Al-Hayat keeps copies of them), and in cases of financial compensation and some of the last administrative decisions, most notably the ruling of the Administrative Court in the Holy City Which included the cancellation of the decision of the Ministry of Hajj on the dissolution of the board of directors of the Foundation of the pilgrims of South Asia, which was issued at the end of the pilgrimage season last year, the court confirmed that the ruling became enforceable after the ratification of the Court of Appeal.

Another lawsuit was filed against the Ministry of Hajj several years ago, when the Saudi company LIPIC, which operates in the field of operation, marketing and electronic service in the Umrah season, filed a claim with the Jeddah Administrative Court for compensation for damages sustained over the years of suspension. The ninth administrative department of the court issued a judgment against the Ministry of Hajj, which stipulates that it is required to enable the company to practice the Umrah systems service "Makhaa" according to the license of the Ministry No. 252-224-H, subject to urgent access, but it has not been implemented. , Add to The court issued a preliminary ruling from the same court that required the Ministry of Hajj to pay 105 million riyals to the same company to compensate for the suspension of its services. The ruling came after a separate lawsuit filed by the company, including a claim for compensation of 709 million riyals, After canceling its work permit as a center for providing electronic service during the Umrah season.

In a judicial ruling, the Ministry of Health, represented by the health of Jeddah, is required to pay financial claims to a citizen in implementation of contracts between them