نظام مجلس شورى الدولة

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Status: Draft

Model: gpt-4o-2024-08-06

Provider: openai

Source version: 2025-10-28T09:20:46+00:00

Translation (editable Markdown/plain text)

State Council System

Published on: 1959-12-06

## Article 1

The State Council is an authority responsible for administrative judiciary and monitoring the preparation of legislative and regulatory texts as outlined in this legislative decree.

## Article 2

The headquarters of the State Council is in Beirut.

## Article 3

The State Council is affiliated with the Minister of Justice.

## Article 4

The State Council consists of a President, a Government Commissioner, chamber presidents, advisors, and assistant advisors whose number is determined by a special law.

## Article 5

The President of the State Council and the Government Commissioner are appointed by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice from among: 1- Chamber presidents 2- Advisors from the top three grades.

## Article 6

The chamber president is appointed by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice from among advisors from the top three grades.

## Article 7

An advisor is appointed by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice from among assistant advisors selected from a list of three names organized by the council office. Only assistant advisors from the top three grades are included in this list. An advisor can also be appointed from outside the category of assistant advisors by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice after consulting the council office from among: 1- Judicial judges who have been in service for at least ten years with the rank of judge 2- Advisors in the Court of Audit who have been in service for at least ten years with the rank of advisor 3- State employees from the first category or its equivalent in special cadres, provided they hold university degrees and have been in service for at least ten years. 4- Full professors in officially recognized law institutes who have been confirmed for at least five full years 5- Lawyers registered in the general roll for at least ten full years. In any case, the number of advisors appointed from outside the category of assistant advisors must not exceed one-third of the total number of council advisors.

## Article 8

The assistant advisor is appointed through a competition. The Minister of Justice sets the conditions for the competition and appoints the examining committee by his decision. The committee is composed of members of the State Council. Applicants for the competition must be: 1- Lebanese for at least ten years 2- At least twenty-one years old 3- Enjoying civil rights and not convicted of a felony or disgraceful misdemeanor 4- Free from diseases and disabilities that prevent performing job duties and of good conduct. 5- Holding a degree in law. Lebanese law is required for those subject to it. 6- Holding a higher education certificate in administrative law. The appointment is made by a decree issued based on the proposal of the Minister of Justice.

## Article 9

Advisors and assistant advisors must take the following oath before the Council of Cases before performing their duties in the State Council: "I swear by God to perform my duties with utmost sincerity and honesty, to absolutely safeguard the confidentiality of deliberations, and to conduct myself in all my actions as a truthful and honorable judge."

## Article 10

The council office reviews the status of the assistant advisor two years after their appointment. It can decide to remove them from the cadre if it appears they do not possess the qualifications required for their duties. The decision to remove them from the cadre must be issued after hearing from the concerned party and within a maximum of six months after the two-year period has elapsed.

## Article 11

An assistant advisor whom the council office decides to remove from the cadre is considered to be on reserve and remains in this status until they are assigned to another cadre or dismissed from service according to the laws and regulations concerning reserve status.

## Article 12

The categories, grades, and salaries of council members are determined by a special law.

## Article 13

Priority is given to the council president, then to the Government Commissioner, then to the member of the highest category. If the category is equal, then to the member of the highest grade, and if the grade is equal, then to the member with the longest tenure in it, and if the category, grade, and seniority are equal, then to the member with the longest tenure in the council, and if the tenure in the council is equal, then to the oldest in age. The one with priority among chamber presidents holds the title of Vice President.

## Article 14

"Members of the State Council may participate in the work of committees formed within ministries and public administrations. They may also, in addition to their work in the council, be assigned tasks in the office of a minister or a mission abroad. In both cases, prior approval from the council president is required."

## Article 15

Advisors and assistant advisors may be seconded to legal positions in various ministries, public administrations, or administrative courts. The secondment is made by a decree based on the proposal of the Minister of Justice after consulting the president of the State Council and obtaining the written consent of the council member. The secondment is for an indefinite period. However, in no case should the number of working advisors in the council be less than eight and assistant advisors less than five. The seconded member retains their status and position in the council, and no one else is appointed in their place. They may participate in the general assembly and continue to receive their due salaries according to their category and grade from the State Council's budget.

## Article 16

Any breach of job duties and any act that affects honor, dignity, or decency constitutes an offense punishable by disciplinary action.

## Article 17

The Minister of Justice may request the council president to investigate any matter that appears to require disciplinary action. The council president conducts the investigation personally or through a member who is equal to or higher than the complained member according to the priority rule. The result of this investigation is submitted to the Minister of Justice. The Minister of Justice refers the complained member to the Disciplinary Council if the investigation justifies such referral.

## Article 18

The Disciplinary Council is composed as follows: President: The President of the State Council, and in case of his absence, the council member who follows him according to the priority rule. Members: A chamber president and an advisor, each selected according to the priority rule.

## Article 19

The president appoints a rapporteur from among the members of the Disciplinary Council. The rapporteur conducts the necessary investigations, listens to the concerned party and the complainant when necessary, receives witness statements under oath, and promptly submits his report to the Disciplinary Council.

## Article 20

The president shall immediately summon the concerned party to review the file and the rapporteur's report and to appear before the disciplinary council at the session appointed for them. The trial is conducted in secret. The rapporteur's report is read, and the concerned party is asked to present their defense regarding the matters they are accused of. The concerned party has the right to be assisted by one lawyer or one of their colleagues. If absent, the council considers the case based solely on the documents. The council issues its decision on the same day or postpones it to the next day at the latest, and this decision must be reasoned. The decision of the disciplinary council is not subject to any form of review, including appeal. It becomes effective by itself as soon as it is administratively communicated to the concerned party.

## Article 21

The disciplinary penalties that can be imposed are: 1- Reprimand 2- Suspension from work without pay for a period not exceeding one year 3- Delay in promotion for a period not exceeding two years 4- Demotion in grade 5- Demotion in rank 6- Dismissal from service 7- Dismissal with deprivation of severance pay or retirement pension In the case of demotion in grade or rank, the member retains their seniority for promotion, and in the case of dismissal with deprivation of severance pay or retirement pension, their retirement deductions are returned to them.

## Article 22

The procedures followed in prosecuting members of the Council of State for crimes they commit are the same as those followed for members of the Court of Cassation. However, if the member is from the category of assistant advisors, the procedures followed for members of the Court of Appeal apply to them. In all cases, the special provisions outlined in the following article must be observed.

## Article 23

Members of the Council of State are not prosecuted for felonies and misdemeanors arising from their duties except after consulting the council's office and based on a request from the Minister of Justice. If the public interest requires their immediate arrest, the Minister of Justice may authorize it after consulting the President of the Council of State. In the case of prosecuting members of the Council of State for felonies and misdemeanors not arising from their duties, they may not be arrested except with the approval of the Minister of Justice after consulting the President of the Council of State.

## Article 24

Any conviction or acquittal decision issued in a felony or misdemeanor against a member of the Council of State is communicated through the Minister of Justice to the disciplinary council to decide on the disciplinary consequences resulting from the actions that led to the criminal prosecution unless dismissal from duty has occurred by law.

## Article 25

A member referred to trial for a felony or misdemeanor arising from their duties is suspended from work by a decision of the Minister of Justice after consulting the President of the Council until a final decision is issued regarding them. The Minister of Justice may suspend from work: 1- A member prosecuted for a felony or misdemeanor not arising from their duties after consulting the President of the Council 2- A member referred to the disciplinary council.

## Article 26

Members of the Council of State who have served for twenty years without receiving a disciplinary penalty may be accepted by decree into an honorary position at their rank upon leaving their duties. They then enjoy the privileges outlined in this legislative decree. Services that members may have performed in the judicial judiciary or the Court of Audit are added to their services in the Council of State concerning the application of this article.

## Article 27

Except for the cases stipulated in the previous articles, no measure may be taken against members of the Council of State that would harm their status.

## Article 28

Members of the Council of State are subject to the general civil service system, taking into account the special provisions stipulated in this legislative decree. The council's office acts in place of the Supreme Judicial Council in the powers it exercises concerning judges under the civil service system.

## Article 29

The Council of State is divided into four chambers, one of which is administrative, and the remaining three are judicial. Each chamber consists of a president and at least two advisors. Each chamber is assisted by one or more assistant advisors to help in its work and assist the rapporteur in investigations. The assistant advisor may participate in deliberations in an advisory capacity and may also complete the chamber's panel when necessary.

## Article 30

The administrative chamber is presided over by the President of the Council of State, and one of the chamber presidents appointed by him may deputize for him. Each judicial chamber is presided over by one of the chamber presidents.

## Article 31

In the absence of the President of the Council, the Vice President performs his duties, and in the absence of one of the chamber presidents, the senior advisor performs his duties.

## Article 32

The chambers are constituted, and work is distributed among them by a decision of the Minister of Justice after consulting the council's office. An advisor may be a member of no more than two chambers. If a chamber cannot perform its work due to an incomplete number because of vacancies or the absence of one or more advisors or any other reason, the President of the Council of State appoints advisors from other chambers to complete the deficient chamber.

## Article 33

A single chamber may not include members who are related by kinship or marriage up to the fourth degree. None of them may participate in a case where one of their relatives or in-laws up to the same degree is a party or an agent.

## Article 34

The provisions of the Code of Civil Procedure concerning the transfer of a case for legitimate suspicion and the recusal and disqualification of judges apply to the Council of State, except that the request for transfer for legitimate suspicion must be submitted to the Council of Cases.

## Article 35

All pending cases before the Council of State are referred to a special body called the Council of Cases if such referral is requested by the President of the Council, the Government Commissioner, or the president of the chamber hearing the case. Referral is mandatory in reviews submitted for the benefit of the law. The Council of Cases consists of: President: President of the Council of State 1- Chamber Presidents Members: 2- Three advisors chosen by the President of the Council of State at the beginning of each judicial year. Decisions of the Council of Cases may only be issued by the president and at least four members, with the president's vote being decisive in the event of a tie.

## Article 36

The judicial chambers in the Council of State are assisted by the Government Commissioner, who has two assistants appointed from among the advisors or assistant advisors by decree based on a proposal from the Minister of Justice and after consulting the council's office. The Government Commissioner or the deputy commissioner he appoints submits reasoned observations in all cases submitted to the Council of State. The Government Commissioner personally submits observations before the Council of Cases, and if unable to do so, his first assistant deputizes for him.

## Article 37

The Council of State meets in a general assembly once a year in October upon the president's invitation. The general assembly consists of all council members. It cannot deliberate unless at least half of its members are present. Decisions are made by a majority of the votes of those present. In the event of a tie, the president's vote is decisive. Meetings are confidential, and the chief clerk organizes the minutes, which cannot be disclosed in any form. The president presents a report for discussion, which includes the activities of the Council of State during the previous year and references to legislative, regulatory, and administrative reforms deemed in the public interest. The president of the Council of State communicates the general assembly's decisions to the Minister of Justice.

## Article 38

The president of the council, in addition to the functions and tasks specified for him in this legislative decree, manages administrative affairs and conducts judicial and administrative inspections personally or through a delegated member. He forms the council's office with the government commissioner and the chamber presidents.

## Article 39

The staffing of the administrative departments at the Council of State is determined by a special law.

## Article 40

Appointments to the staffing of the administrative departments at the Council of State are made from those who pass the competition, the conditions of which are set by a decision of the Minister of Justice, or from those holding a baccalaureate degree in law. Only candidates holding the Lebanese baccalaureate, first section, or its equivalent are accepted in the competition.

## Article 41

The disciplinary council for the employees of the administrative departments is composed of three members from the Council of State, appointed by a decision of the Minister of Justice after consulting the president of the council.

## Article 42

An employee of the administrative departments is referred to the disciplinary council by a decision of the Minister of Justice and can be suspended from work by the same decision.

## Article 43

Except for the exceptions stated in this legislative decree, employees of the administrative departments are subject to the civil service system.

## Article 44

A permanent assistant advisor supervises the administrative departments. He is responsible for ensuring the proper functioning of the office, facilitating communication between different chambers, and organizing all useful information. This assistant advisor is appointed by a decree issued based on a proposal from the Minister of Justice after consulting the president of the council.

## Article 45

The holiday at the Council of State begins on July 15 and ends on October 1 each year, and the work during this period is organized by a decision of the council's office. Members of the Council of State are not entitled to any leave in addition to this holiday, but the Minister of Justice, with the president's approval, may grant leave not exceeding fifteen days a year with full pay.

## Article 46

The Council of State contributes to the preparation of laws by giving its opinion on projects referred to it by ministers and proposing necessary amendments. It prepares and drafts texts requested from it. For this purpose, it may conduct necessary investigations and seek the assistance of experts and specialists.

## Article 47

The Council of State must be consulted on draft decrees with legislative power, on draft regulatory texts aimed at ensuring the application of laws, and on all matters for which laws and regulations require its consultation. It may also be consulted on draft international treaties, regulatory decisions, draft circulars, public service concessions, and general terms of reference.

## Article 48

The Minister of Justice refers legislative and administrative issues specified in the previous articles to the Council of State upon the request of the competent minister. The assembly deliberates based on a report from one of its members.

## Article 49

The Minister of Justice may request the president of the Council of State to appoint one of the council members to assist administrations in preparing one of the projects specified in articles 46 and 47.

## Article 50

The Council of State is the ordinary court for administrative cases and the appellate or cassation authority for administrative cases for which the law has designated a special court.

## Article 51

The Council of State specifically considers: 1- Compensation claims for damages caused by public works or the execution of public interests. 2- Administrative cases related to contracts, deals, commitments, or administrative concessions made by public administrations to ensure the functioning of public interests. 3- Direct tax cases. 4- Indirect tax cases, notwithstanding previous special provisions. 5- Employee salary and pension cases. 6- Cases related to the occupation of public property.

## Article 52

The Council of State considers annulment requests due to abuse of power for decrees and decisions of an administrative nature, whether related to individuals or systems, issued by the administrative authority.

## Article 53

The Council of State considers disputes related to the legality of elections for administrative councils such as municipal councils, elective bodies, and others.

## Article 54

The Council of State considers disputes related to the discipline of employees, except for judges and judicial assistants.

## Article 55

The Council of State considers requests for interpretation or assessment of the validity of administrative acts. Judicial courts must postpone ruling on cases presented to them if resolving these cases requires interpretation or assessment of the validity of an administrative act beyond their jurisdiction. The most urgent party presents the matter to the Council of State, which provides a binding opinion to the judicial courts in the case for which the opinion was given.

## Article 56

The president of the council or a delegated member may appoint, in urgent cases and upon the request of the concerned party, an expert tasked with examining the facts that may lead to a review by the council. The decision is communicated to those likely to be summoned and invited to attend the inspection.

## Article 57

- On submitting the review:
No individual may file a lawsuit before the Council of State except in the form of a review against a decision issued by the administrative authority.

## Article 58

If the authority has not issued a decision, the concerned party must obtain a prior decision from the competent authority. For this purpose, a legal request is submitted to the authority, which provides a receipt free of charge mentioning the subject of the request and the date of its receipt. If the authority does not respond within two months from the date of receiving the request, its silence is considered a decision of rejection, except in the following two cases: 1- If the administrative authority is a decision-making body that only convenes in certain sessions, the two-month period is extended as necessary until the conclusion of the first session held after the request is submitted. 2- If the decision on the request is subject to legal deadlines that exceed two months in total, the silence of the administration is not considered an implicit decision of rejection until these deadlines have passed.

## Article 59-معدلة-عدلت

Pursuant to the law executed by Decree 7881 / 1967
The review period is two months starting from the date of publication of the contested decision unless it must be notified, in which case it starts from the date of notification or execution.
If the administrative decision is an implicit decision of rejection resulting from the administration's silence, the two-month period mentioned in the previous paragraph starts from the end of the period specified in Article 58. If an explicit decision is issued before the end of the mentioned two-month period, the review period starts anew from this decision. If this decision is issued after the expiration of the two-month period, it does not start a new period. If the judicial review periods have expired and the concerned party subsequently submits an administrative review to the same authority or a higher authority, the administration's action to reconsider the case does not reopen the review if the decision resulting from this reconsideration supports the first decision.
The expiration of the two-month period for reviewing the annulment of the explicit or implicit individual decision also extinguishes the right to comprehensive judicial review regarding the decision's effect in all its aspects. Regarding individual decisions prior to the effective date of this law that have not been reviewed and were notified or executed, the comprehensive judicial review period is set at one year from the effective date of this law.
A lawsuit filed after the expiration of the period is not accepted.

## Article 60-معدلة-(عدلت

Pursuant to the law executed by Decree 7881 / 1967)
-1 If the concerned party submits an administrative review to the same authority or a higher authority within this period, or if they submit a claim on the subject of comprehensive jurisdiction when necessary: In all these cases, the period starts from the date of notification of the explicit decision or from the date of the implicit decision. The period is only interrupted by one review or one claim.
2- If the concerned party requests judicial assistance within the review period, in this case, the review period starts anew from the date the concerned party is notified of the decision regarding judicial assistance.
3- If the concerned party submits to an incompetent court, in this case, the period starts anew from the date they are notified of the judgment.

## Article 61

Individuals' reviews are submitted by a petition deposited at the council's office, and this petition must include the following: 1- The name, surname, profession, and residence of the petitioner, and if necessary, the name, surname, profession, and residence of the petitioner against whom the petition is filed. 2- The subject of the petition, a statement of facts, and the legal points on which the petition is based. 3- Mention of the documents attached to the petition. 4- Appointment of a lawyer, and the lawyer's signature on the petition or the reply memorandum is considered as the client's choice of residence at the lawyer's office. The legal stamp is placed on the petition.

## Article 62

The petition must be accompanied by the following documents: 1- Copies certified by the petitioner as true copies, with a number equal to the number of parties in the lawsuit. 2- A certified copy as a true copy of the contested decision or the receipt mentioned in Article 58. 3- A statement from the judge or the president of the court handling the main lawsuit if the review is submitted regarding a request for interpretation or assessment of the validity of an administrative act. 4- A copy, if necessary, of the decision granting the petitioner judicial assistance. 5- The receipt proving payment of the fine mentioned in Article 122. 6- The power of attorney given by the plaintiff to their lawyer in the legal form.

## Article 63

Administrative authority reviews are submitted to the Council of State according to the provisions of the previous articles and are exempt from stamp fees, fines, and the appointment of a lawyer.

## Article 64

Petitions submitted under which the lawsuit is filed are registered at the council's office upon receipt in a register kept by the clerk, numbered sequentially and endorsed according to the rules. Petitions are stamped with a seal indicating the date of submission and a receipt is given. The advisor supervising the administrative departments informs the petitioner within a week of any deficiencies in the petition, which must be corrected within fifteen days of notification. If this period expires without correction, the council may issue a decision nullifying the petition.

## Article 65

Once the subject of the request and the legal reasons justifying it are specified in the petition, additional requests and new legal reasons presented by the petitioner during the lawsuit are considered void unless the review has not yet expired. However, the council must decide on legal reasons that have the nature of public order, even if no one has raised them.

## Article 66

The review does not suspend the execution of the contested decision. The council may decide to suspend the execution of this decision upon an explicit request from the petitioner if it finds that the execution may cause significant harm to the petitioner and that the review is based on serious and important reasons. However, execution cannot be suspended if the review aims to annul a regulatory decree or to annul a decision related to maintaining order, security, or public safety. The council decides on the request to suspend execution either by a separate decision or in the text of the final decision.

## Article 67

Within three days following the registration of the petition or the correction of deficiencies, the president of the chamber handling the lawsuit appoints a rapporteur to whom the file is referred, and the president may perform the function of the rapporteur.

## Article 68

The rapporteur investigates the review, ensures the notification of documents to the parties, sets a deadline for them to submit their defense or response, and conducts investigations deemed necessary to clarify the case.

## Article 69

Notifications are conducted administratively against a receipt, and deadlines are set from one to two months, starting from the day of notification.

## Article 70

The petitioner is not entitled to submit more than one response unless with special permission from the rapporteur.

## Article 71

The parties and their lawyers have the right to review the lawsuit documents at the council's office without removing them from their place.

## Article 72

Any interested party may intervene in the lawsuit, and the council or the rapporteur may also involve them. The request for intervention is submitted in a separate petition and can only support the viewpoint of one of the parties.

## Article 73

The rapporteur determines the form in which the investigation proceedings are conducted, drawing inspiration from the principles outlined in the Code of Civil Procedure without being bound to adhere to them literally, ensuring that all investigative actions are complete and impartial, with the right to defense respected. Each party has the right to review the record organized at the end of each investigation.

## Article 74

The rapporteur may, either on their own initiative or at the request of the parties, take measures deemed necessary for the investigation, such as appointing experts, hearing witnesses under oath, conducting physical inspections, reviewing records, and interrogating individuals. They may also request public administrations to provide reports, opinions, and records and summon relevant officials for clarification on technical and material aspects.

## Article 75

The decisions made by the rapporteur are communicated to the parties and are not reasoned. They can be appealed to the chamber within five days after depositing a security of fifty liras. The party is invited to submit their observations within forty-eight hours. The chamber decides on the appeal without any formalities within eight days, and the rapporteur participates in the judgment.

## Article 76

If the Council of State considers that an appeal filed by a party other than public administrations against the rapporteur's decision is intended solely to delay the resolution of the lawsuit and is not based on any serious grounds, the appellant is penalized by confiscation of the security.

## Article 77

Upon completion of the investigation process, the rapporteur prepares a report and sends it with the file to the Government Commissioner. This report includes a summary of the case, facts, legal issues to be resolved, and the rapporteur's opinion. The Government Commissioner reviews all the documents sent to them and then forwards them to the president with their written opinion. The parties are notified of the rapporteur's report and the Government Commissioner's opinion, and they may submit their written observations regarding them within fifteen days from the date of notification.

## Article 78

Except for the provisions related to the composition of the Council of Cases, each case is examined by a panel composed of a president and two members, one of whom is the rapporteur. The panel deliberates in secret and makes its decision unanimously or by majority, and the decision is announced in a public session, the date of which is communicated to the parties.

## Article 79

The decision is issued in the name of the Lebanese people and must include the following: 1- Names of the members who participated in issuing it 2- Names of the parties and their places of residence and a statement of their claims 3- Reference to the essential documents in the file 4- Reference to the legislative, regulatory, or contractual texts applied in the decision 5- Legal and factual grounds 6- The operative paragraph 7- Date of the decision's announcement in the public session. If the decision is issued by majority, nothing of this should be mentioned in the decision.

## Article 80

The decision is limited to declaring the legal situations that constitute only the subject of the lawsuit being decided. The Council of State is not entitled to act in place of the competent administrative authority to derive from these situations the legal consequences that result from them and to take the necessary decisions.

## Article 81

The decision is signed by the president and the members who participated in issuing it and the council's clerk, and the decision is copied into a special register and communicated ex officio to the Government Commissioner and the parties.

## Article 82

The decisions of the Council of State are binding on the administration, and the administrative authorities must observe the legal situations as detailed in these decisions.

## Article 83

The decisions of the Council of State do not accept any means of review except for objection, third-party objection, retrial, and request for correction of a material error.

## Article 84

Decisions issued in absentia accept objection. The objection does not suspend execution unless the Council of State decides so. The objection is submitted within two months from the date of notification of the absentia decision, and any objection submitted after this period is rejected in form.

## Article 85

If a decision is issued in the presence of one party and in absentia for another party, the latter is not entitled to object to the decision if their interest does not differ from that of the first party.

## Article 86

If the decision causes harm to a person who was not involved in the lawsuit or represented in it, this person has the right to object to the decision through a third-party objection within five years from the date of its issuance.

## Article 87

Each party in the lawsuit may submit a request for retrial: 1- If the decision is based on forged documents 2- If one of the parties is judged for not presenting a decisive document in the possession of their opponent 3- If the essential procedures imposed by law were not observed in the investigation and judgment. Requests for retrial must be submitted under penalty of rejection within two months from the date of notification of the contested decision.

## Article 88

If the decision of the Council of State is marred by a material error that affected the judgment, the concerned party may submit a request for correction to the council. This request must be submitted within two months from the date of notification of the decision to be corrected.

## Article 89

Objection, third-party objection, retrial, and correction lawsuits are subject to the same rules as the lawsuits for which the contested decision was issued, taking into account the special provisions mentioned above. These cases are examined by the chamber that issued the contested decision.

## Article 90

Summary procedures apply: 1- In the reviews stipulated in Article 51 when the value of the lawsuit and its accessories can be estimated at no more than two thousand Lebanese liras. The value of the lawsuit is estimated by the applicant, and if it appears that the applicant's estimation is incorrect, the Council of State determines it based on available documents or expert knowledge 2- In the reviews stipulated in Articles 53 and 54, and when applying summary procedures, the ordinary trial procedures are followed except for the exceptions outlined in the following articles.

## Article 91

Individuals may submit their lawsuits without a prior decision from the administrative authority, and their petition is exempt from appointing a lawyer.

## Article 92

The rapporteur must investigate the lawsuit as soon as possible, and their decisions are not subject to appeal. The period specified for the parties to submit their defense or response is at least eight days and at most fifteen days, and no further response is allowed.

## Article 93

The rapporteur shall prepare a brief report and send it with the file to the Government Commissioner, who must return it with his opinion within eight days to the president. The parties may submit their observations on the rapporteur's report and the Government Commissioner's opinion within five days from the date of notification, and the case must be adjudicated without delay.

## Article 94

The chamber president may, by special decision and upon request from one of the parties and after consulting the Government Commissioner, authorize the application of summary trial procedures if he deems that this will not harm the litigants. However, in this case, the prior administrative decision remains mandatory.

## Article 95

A request for annulment due to abuse of power can only be submitted against purely administrative decisions that have executive power and are capable of causing harm. In no case can a review be accepted concerning actions of a legislative or judicial nature.

## Article 96

A request for annulment due to abuse of power is only accepted from someone who proves a legitimate direct personal interest in annulling the contested decision.

## Article 97

A request for annulment due to abuse of power is not accepted from someone who can resort to another judicial review to achieve the same result.

## Article 98

The Council of State must annul administrative acts tainted by any of the following defects: 1- If issued by an incompetent authority 2- If taken contrary to the essential procedures stipulated in laws and regulations 3- If taken contrary to the law or regulations or contrary to a res judicata 4- If taken for a purpose other than that for which the competent authority was granted the right to take it by law.

## Article 99

The validity of elections of administrative councils such as municipal councils and elective bodies can be contested by any voter in the relevant area, anyone who has legally submitted their candidacy there, and by the Minister of Interior.

## Article 100

Voters' and candidates' objections must be submitted under penalty of rejection within eight days of the election results announcement, and a written appeal is sufficient without any other procedure.

## Article 101

The objection is notified to the Minister of Interior and to the persons whose election is contested.

## Article 102

The Minister of Interior's objection must be submitted within thirty days of the election results announcement.

## Article 103

In disciplinary cases, the concerned employee submits a request for annulment or cassation within thirty days following the notification of the disciplinary decision.

## Article 104

In disciplinary cases, the Council of State is not entitled to examine the appropriateness of the imposed penalty.

## Article 105

Appeals against judgments issued in the first instance by administrative bodies with judicial character are subject to the rules stipulated in the laws and regulations specific to those bodies. The appeal period is two months from the date of notification unless a contrary provision exists. The appeal transfers the case to the Council of State, which re-examines and decides on it anew.

## Article 106

An appeal does not suspend the execution of the appealed judgment unless the council decides otherwise.

## Article 107

Judgments issued in the last instance by administrative bodies with judicial character can be appealed, even if the law does not provide for it.

## Article 108

An appeal is only heard if submitted by one of the parties and based on one of the reasons stated in paragraphs 1, 2, and 3 of Article 98.

## Article 109

The appeal period is two months from the date of notification of the judgment.

## Article 110

The appeal does not transfer the case to the Council of State; rather, the council's role is limited to verifying that the trial judge derived the legal conclusions from the facts.

## Article 111

If the Council of State annuls the contested judgment, the court that issued it must comply with the council's decision.

## Article 112

Subject to the rules mentioned in this chapter, the Council of State follows the procedures stipulated in Chapter Two of Title Four of this legislative decree in appeals and cassation cases.

## Article 113

Ministers may, through the Minister of Justice, submit reviews in favor of the law against any administrative or judicial decision when this decision has become final. If the Council of State annuls it, this decision cannot benefit or harm the litigants.

## Article 114

The Beirut Execution Department ensures the execution of decisions issued by the Council of State for individuals that the laws do not allow to be executed administratively.

## Article 115

The execution procedure mentioned in the previous article follows the provisions of Book Five of the Code of Civil Procedure.

## Article 116

The head of the execution department decides on issues arising from the execution of Council of State decisions, provided that the principle of separation of administrative judiciary is respected.

## Article 117

Requests for the execution of decisions against the administrative authority are submitted to the President of the Council of State, who forwards them without delay with the enforceable copy to the competent authorities to take the necessary action.

## Article 118

Expenses include: 1- Judicial expenses 2- Investigation expenses such as expert and witness fees.

## Article 119

All provisions stipulated in the fee schedule of first-instance courts specified in Chapters One, Two, Four, and Five of Title One of the Judicial Fees Law dated October 10, 1950, and in Articles 80, 81, 82, 86, 87, 88, 89, 91, 92, 93, 99, and 100 of the aforementioned law apply to the Council of State, subject to the provisions outlined below.

## Article 120

Upon submitting the review, half of the proportional fee is collected, and the remainder upon extracting the enforceable copy. The fixed fee at the Council of State is ten liras, collected in full upon submitting the review.

## Article 121

Requests for interpretation and opinions on the validity of an administrative act are subject to a fixed fee.

## Article 122

In cases of appeal, cassation, retrial, and third-party objection, the applicant, except for public administrations, must deposit the following fines in the treasury: 1- 25 lira if the review does not exceed a value of two thousand lira 2- 50 lira if the value of the review exceeds two thousand lira or is not assessable. A single fine suffices if there are multiple original applicants in one application. The fine is confiscated as treasury revenue if the review is rejected in form or substance.

## Article 123

Requests for correction of material errors are exempt from judicial fees and fines only.

## Article 124

One of the judges of the panel, appointed by the president, decides on legal aid cases, and his decision is appealable before the chamber within fifteen days.

## Article 125

Expenses are settled in the final decision.

## Article 126

The Court of Disputes is composed of: President: The President of the State Council or the First President of the Court of Cassation 1- The Vice President of the State Council and a counselor in the State Council appointed by the council's office at the beginning of each judicial year Members: 2- A chamber president and a counselor in the Court of Cassation or a president of a Court of Appeal appointed by the Higher Judicial Council at the beginning of each judicial year. Government Commissioner: The Government Commissioner at the State Council or the Public Prosecutor at the Court of Cassation Two additional members: A counselor in the State Council and a counselor in the Court of Cassation appointed in the manner described above to complete the panel when necessary.

## Article 127

The presidency of the Court of Disputes alternates between the President of the State Council and the First President of the Court of Cassation for a judicial year. When the court is presided over by the President of the State Council, the Public Prosecutor at the Court of Cassation acts as the Government Commissioner, and when presided over by the First President of the Court of Cassation, the Government Commissioner at the State Council acts as the Government Commissioner. The Court of Disputes convenes at the invitation of its president at his workplace and always consists of a president and four members. The administrative departments at the State Council provide the court's clerical work.

## Article 128

The Court of Disputes applies the procedures of the State Council and its decisions are not subject to any form of review.

## Article 129

The Court of Disputes considers negative jurisdiction disputes. A negative jurisdiction dispute arises from two decisions declaring lack of jurisdiction in the same case, one from an administrative court and the other from a judicial court. These decisions may not necessarily be final.

## Article 130

The party with an interest undertakes the review. The review does not suspend execution and can only be undertaken within five years following the last decision of lack of jurisdiction. The Court of Disputes issues its ruling by annulling the erroneous lack of jurisdiction decision and returns the parties to the court that mistakenly considered itself incompetent. The court to which the case is referred must comply with the decision of the Court of Disputes.

## Article 131

The Court of Disputes also considers contradictions between two judgments resulting in a failure to achieve justice. The judgments must be issued, one by a judicial court and the other by an administrative court, and must have resolved the substance of the dispute on the same subject matter. It is not necessary for the litigants or the reasons to be the same.

## Article 132

The review must be submitted within two months from the day the last judgment became final. The Court of Disputes decides on the substance for all litigants and may conduct investigations if deemed appropriate, and also rules on the costs of the case in both the administrative and judicial courts.

## Article 133

The Court of Disputes finally considers contradictions arising from divergent jurisprudence between administrative and judicial courts. The court decides in these cases for the benefit of the law, based on a request from the competent minister referred to it by the Minister of Justice, and this decision cannot benefit or harm the litigants.

## Article 134

Reviews submitted to the Court of Disputes are not subject to any fee except for the stamp duty.

## Article 135

The government has the right, within a period not exceeding six months from the date of enforcement of this legislative decree, to determine by decree issued in the Council of Ministers the number of members of the State Council and its administrative staff, their categories, and grades.

## Article 136

The provisions of Legislative Decree No. 14 dated January 9, 1953, concerning the establishment of the State Council remain in effect until the decree provided for in the previous article is issued.

## Article 137

Judges currently attached to the Ministry of Justice are considered judges of the State Council and seconded to the ministry under Article 15 of this legislative decree. However, they retain their current rank until the new establishment of the State Council is set and they are appointed therein.

## Article 138

When the new establishment of the State Council is set, the current president, Government Commissioner, vice president, counselors, and judges seconded to the Ministry of Justice are appointed in the category and grade equivalent to their salary, retaining seniority for promotion. Vacant positions are filled according to the provisions of this legislative decree. However, within three months after setting the new establishment of the State Council, counselors may be appointed from among judicial judges, judges seconded to the Ministry of Justice, and counselors at the Court of Audit if their salary is equivalent to at least that of a counselor, and from among full professors in law institutes and lawyers registered in the general roll for at least ten years without adhering to the provisions of Article 7 of this legislative decree.

## Article 139

Until one of the assistant counselors meets the conditions required for appointment in the category of counselors, vacant counselor positions are filled from among the persons mentioned in Article 7, its second paragraph.

## Article 140

Counselors appointed in the State Council under Articles 137, 138, and 139 of this legislative decree are considered as if they were in the category of assistant counselors concerning the application of the last paragraph of Article 7.

## Article 141

A judge or employee appointed in the establishment of the State Council is classified therein according to the following rules: 1- Generally, in the grade equivalent to his salary at the time of appointment, retaining seniority for promotion. 2- In the last grade if his salary at the time of appointment is below the salary allocated for this grade. 3- In the grade immediately above his salary at the time of appointment if this salary has no equivalent in the State Council's salary scale.

## Article 142

The General Assembly shall establish the internal regulations of the council at its first meeting by a majority of three-quarters of the votes, and it may not be amended except by the same majority.

## Article 143

Pending applications before the General Assembly of the Court of Cassation, pursuant to Article 18 of the Judicial Organization Law issued on May 10, 1950, shall be referred in their present state to the Court of Dispute Resolution.

## Article 144

This legislative decree shall come into effect on the day following its publication in the Official Gazette. However, the provisions of Articles 46, 47, 48, and 49 shall not apply until four years have elapsed, and until this date, the President of the Council of State shall preside over one of the judicial chambers.

## Article 145

All provisions contrary to or inconsistent with the content of this legislative decree are hereby repealed.

## Article 146

The Minister of Justice shall ensure the implementation of the provisions of this legislative decree.

Review status

Reviewer notes

Advanced: edit structured JSON

The JSON below mirrors the original law structure. Update it only if you need to correct per-article text. Keep keys identical; only translate the values.

{
    "law": {
        "id": 11,
        "title": "State Council System",
        "published_at": "1959-12-06"
    },
    "nodes": [],
    "root_articles": [
        {
            "id": 4189,
            "body": "The State Council is an authority responsible for administrative judiciary and monitoring the preparation of legislative and regulatory texts as outlined in this legislative decree.",
            "position": 1,
            "article_number": "1"
        },
        {
            "id": 4190,
            "body": "The headquarters of the State Council is in Beirut.",
            "position": 2,
            "article_number": "2"
        },
        {
            "id": 4191,
            "body": "The State Council is affiliated with the Minister of Justice.",
            "position": 3,
            "article_number": "3"
        },
        {
            "id": 4192,
            "body": "The State Council consists of a President, a Government Commissioner, chamber presidents, advisors, and assistant advisors whose number is determined by a special law.",
            "position": 4,
            "article_number": "4"
        },
        {
            "id": 4193,
            "body": "The President of the State Council and the Government Commissioner are appointed by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice from among: 1- Chamber presidents 2- Advisors from the top three grades.",
            "position": 5,
            "article_number": "5"
        },
        {
            "id": 4194,
            "body": "The chamber president is appointed by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice from among advisors from the top three grades.",
            "position": 6,
            "article_number": "6"
        },
        {
            "id": 4195,
            "body": "An advisor is appointed by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice from among assistant advisors selected from a list of three names organized by the council office. Only assistant advisors from the top three grades are included in this list. An advisor can also be appointed from outside the category of assistant advisors by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice after consulting the council office from among: 1- Judicial judges who have been in service for at least ten years with the rank of judge 2- Advisors in the Court of Audit who have been in service for at least ten years with the rank of advisor 3- State employees from the first category or its equivalent in special cadres, provided they hold university degrees and have been in service for at least ten years. 4- Full professors in officially recognized law institutes who have been confirmed for at least five full years 5- Lawyers registered in the general roll for at least ten full years. In any case, the number of advisors appointed from outside the category of assistant advisors must not exceed one-third of the total number of council advisors.",
            "position": 7,
            "article_number": "7"
        },
        {
            "id": 4196,
            "body": "The assistant advisor is appointed through a competition. The Minister of Justice sets the conditions for the competition and appoints the examining committee by his decision. The committee is composed of members of the State Council. Applicants for the competition must be: 1- Lebanese for at least ten years 2- At least twenty-one years old 3- Enjoying civil rights and not convicted of a felony or disgraceful misdemeanor 4- Free from diseases and disabilities that prevent performing job duties and of good conduct. 5- Holding a degree in law. Lebanese law is required for those subject to it. 6- Holding a higher education certificate in administrative law. The appointment is made by a decree issued based on the proposal of the Minister of Justice.",
            "position": 8,
            "article_number": "8"
        },
        {
            "id": 4197,
            "body": "Advisors and assistant advisors must take the following oath before the Council of Cases before performing their duties in the State Council: \"I swear by God to perform my duties with utmost sincerity and honesty, to absolutely safeguard the confidentiality of deliberations, and to conduct myself in all my actions as a truthful and honorable judge.\"",
            "position": 9,
            "article_number": "9"
        },
        {
            "id": 4198,
            "body": "The council office reviews the status of the assistant advisor two years after their appointment. It can decide to remove them from the cadre if it appears they do not possess the qualifications required for their duties. The decision to remove them from the cadre must be issued after hearing from the concerned party and within a maximum of six months after the two-year period has elapsed.",
            "position": 10,
            "article_number": "10"
        },
        {
            "id": 4199,
            "body": "An assistant advisor whom the council office decides to remove from the cadre is considered to be on reserve and remains in this status until they are assigned to another cadre or dismissed from service according to the laws and regulations concerning reserve status.",
            "position": 11,
            "article_number": "11"
        },
        {
            "id": 4200,
            "body": "The categories, grades, and salaries of council members are determined by a special law.",
            "position": 12,
            "article_number": "12"
        },
        {
            "id": 4201,
            "body": "Priority is given to the council president, then to the Government Commissioner, then to the member of the highest category. If the category is equal, then to the member of the highest grade, and if the grade is equal, then to the member with the longest tenure in it, and if the category, grade, and seniority are equal, then to the member with the longest tenure in the council, and if the tenure in the council is equal, then to the oldest in age. The one with priority among chamber presidents holds the title of Vice President.",
            "position": 13,
            "article_number": "13"
        },
        {
            "id": 4202,
            "body": "\"Members of the State Council may participate in the work of committees formed within ministries and public administrations. They may also, in addition to their work in the council, be assigned tasks in the office of a minister or a mission abroad. In both cases, prior approval from the council president is required.\"",
            "position": 14,
            "article_number": "14"
        },
        {
            "id": 4203,
            "body": "Advisors and assistant advisors may be seconded to legal positions in various ministries, public administrations, or administrative courts. The secondment is made by a decree based on the proposal of the Minister of Justice after consulting the president of the State Council and obtaining the written consent of the council member. The secondment is for an indefinite period. However, in no case should the number of working advisors in the council be less than eight and assistant advisors less than five. The seconded member retains their status and position in the council, and no one else is appointed in their place. They may participate in the general assembly and continue to receive their due salaries according to their category and grade from the State Council's budget.",
            "position": 15,
            "article_number": "15"
        },
        {
            "id": 4204,
            "body": "Any breach of job duties and any act that affects honor, dignity, or decency constitutes an offense punishable by disciplinary action.",
            "position": 16,
            "article_number": "16"
        },
        {
            "id": 4205,
            "body": "The Minister of Justice may request the council president to investigate any matter that appears to require disciplinary action. The council president conducts the investigation personally or through a member who is equal to or higher than the complained member according to the priority rule. The result of this investigation is submitted to the Minister of Justice. The Minister of Justice refers the complained member to the Disciplinary Council if the investigation justifies such referral.",
            "position": 17,
            "article_number": "17"
        },
        {
            "id": 4206,
            "body": "The Disciplinary Council is composed as follows: President: The President of the State Council, and in case of his absence, the council member who follows him according to the priority rule. Members: A chamber president and an advisor, each selected according to the priority rule.",
            "position": 18,
            "article_number": "18"
        },
        {
            "id": 4207,
            "body": "The president appoints a rapporteur from among the members of the Disciplinary Council. The rapporteur conducts the necessary investigations, listens to the concerned party and the complainant when necessary, receives witness statements under oath, and promptly submits his report to the Disciplinary Council.",
            "position": 19,
            "article_number": "19"
        },
        {
            "id": 4208,
            "body": "The president shall immediately summon the concerned party to review the file and the rapporteur's report and to appear before the disciplinary council at the session appointed for them. The trial is conducted in secret. The rapporteur's report is read, and the concerned party is asked to present their defense regarding the matters they are accused of. The concerned party has the right to be assisted by one lawyer or one of their colleagues. If absent, the council considers the case based solely on the documents. The council issues its decision on the same day or postpones it to the next day at the latest, and this decision must be reasoned. The decision of the disciplinary council is not subject to any form of review, including appeal. It becomes effective by itself as soon as it is administratively communicated to the concerned party.",
            "position": 20,
            "article_number": "20"
        },
        {
            "id": 4209,
            "body": "The disciplinary penalties that can be imposed are: 1- Reprimand 2- Suspension from work without pay for a period not exceeding one year 3- Delay in promotion for a period not exceeding two years 4- Demotion in grade 5- Demotion in rank 6- Dismissal from service 7- Dismissal with deprivation of severance pay or retirement pension In the case of demotion in grade or rank, the member retains their seniority for promotion, and in the case of dismissal with deprivation of severance pay or retirement pension, their retirement deductions are returned to them.",
            "position": 21,
            "article_number": "21"
        },
        {
            "id": 4210,
            "body": "The procedures followed in prosecuting members of the Council of State for crimes they commit are the same as those followed for members of the Court of Cassation. However, if the member is from the category of assistant advisors, the procedures followed for members of the Court of Appeal apply to them. In all cases, the special provisions outlined in the following article must be observed.",
            "position": 22,
            "article_number": "22"
        },
        {
            "id": 4211,
            "body": "Members of the Council of State are not prosecuted for felonies and misdemeanors arising from their duties except after consulting the council's office and based on a request from the Minister of Justice. If the public interest requires their immediate arrest, the Minister of Justice may authorize it after consulting the President of the Council of State. In the case of prosecuting members of the Council of State for felonies and misdemeanors not arising from their duties, they may not be arrested except with the approval of the Minister of Justice after consulting the President of the Council of State.",
            "position": 23,
            "article_number": "23"
        },
        {
            "id": 4212,
            "body": "Any conviction or acquittal decision issued in a felony or misdemeanor against a member of the Council of State is communicated through the Minister of Justice to the disciplinary council to decide on the disciplinary consequences resulting from the actions that led to the criminal prosecution unless dismissal from duty has occurred by law.",
            "position": 24,
            "article_number": "24"
        },
        {
            "id": 4213,
            "body": "A member referred to trial for a felony or misdemeanor arising from their duties is suspended from work by a decision of the Minister of Justice after consulting the President of the Council until a final decision is issued regarding them. The Minister of Justice may suspend from work: 1- A member prosecuted for a felony or misdemeanor not arising from their duties after consulting the President of the Council 2- A member referred to the disciplinary council.",
            "position": 25,
            "article_number": "25"
        },
        {
            "id": 4214,
            "body": "Members of the Council of State who have served for twenty years without receiving a disciplinary penalty may be accepted by decree into an honorary position at their rank upon leaving their duties. They then enjoy the privileges outlined in this legislative decree. Services that members may have performed in the judicial judiciary or the Court of Audit are added to their services in the Council of State concerning the application of this article.",
            "position": 26,
            "article_number": "26"
        },
        {
            "id": 4215,
            "body": "Except for the cases stipulated in the previous articles, no measure may be taken against members of the Council of State that would harm their status.",
            "position": 27,
            "article_number": "27"
        },
        {
            "id": 4216,
            "body": "Members of the Council of State are subject to the general civil service system, taking into account the special provisions stipulated in this legislative decree. The council's office acts in place of the Supreme Judicial Council in the powers it exercises concerning judges under the civil service system.",
            "position": 28,
            "article_number": "28"
        },
        {
            "id": 4217,
            "body": "The Council of State is divided into four chambers, one of which is administrative, and the remaining three are judicial. Each chamber consists of a president and at least two advisors. Each chamber is assisted by one or more assistant advisors to help in its work and assist the rapporteur in investigations. The assistant advisor may participate in deliberations in an advisory capacity and may also complete the chamber's panel when necessary.",
            "position": 29,
            "article_number": "29"
        },
        {
            "id": 4218,
            "body": "The administrative chamber is presided over by the President of the Council of State, and one of the chamber presidents appointed by him may deputize for him. Each judicial chamber is presided over by one of the chamber presidents.",
            "position": 30,
            "article_number": "30"
        },
        {
            "id": 4219,
            "body": "In the absence of the President of the Council, the Vice President performs his duties, and in the absence of one of the chamber presidents, the senior advisor performs his duties.",
            "position": 31,
            "article_number": "31"
        },
        {
            "id": 4220,
            "body": "The chambers are constituted, and work is distributed among them by a decision of the Minister of Justice after consulting the council's office. An advisor may be a member of no more than two chambers. If a chamber cannot perform its work due to an incomplete number because of vacancies or the absence of one or more advisors or any other reason, the President of the Council of State appoints advisors from other chambers to complete the deficient chamber.",
            "position": 32,
            "article_number": "32"
        },
        {
            "id": 4221,
            "body": "A single chamber may not include members who are related by kinship or marriage up to the fourth degree. None of them may participate in a case where one of their relatives or in-laws up to the same degree is a party or an agent.",
            "position": 33,
            "article_number": "33"
        },
        {
            "id": 4222,
            "body": "The provisions of the Code of Civil Procedure concerning the transfer of a case for legitimate suspicion and the recusal and disqualification of judges apply to the Council of State, except that the request for transfer for legitimate suspicion must be submitted to the Council of Cases.",
            "position": 34,
            "article_number": "34"
        },
        {
            "id": 4223,
            "body": "All pending cases before the Council of State are referred to a special body called the Council of Cases if such referral is requested by the President of the Council, the Government Commissioner, or the president of the chamber hearing the case. Referral is mandatory in reviews submitted for the benefit of the law. The Council of Cases consists of: President: President of the Council of State 1- Chamber Presidents Members: 2- Three advisors chosen by the President of the Council of State at the beginning of each judicial year. Decisions of the Council of Cases may only be issued by the president and at least four members, with the president's vote being decisive in the event of a tie.",
            "position": 35,
            "article_number": "35"
        },
        {
            "id": 4224,
            "body": "The judicial chambers in the Council of State are assisted by the Government Commissioner, who has two assistants appointed from among the advisors or assistant advisors by decree based on a proposal from the Minister of Justice and after consulting the council's office. The Government Commissioner or the deputy commissioner he appoints submits reasoned observations in all cases submitted to the Council of State. The Government Commissioner personally submits observations before the Council of Cases, and if unable to do so, his first assistant deputizes for him.",
            "position": 36,
            "article_number": "36"
        },
        {
            "id": 4225,
            "body": "The Council of State meets in a general assembly once a year in October upon the president's invitation. The general assembly consists of all council members. It cannot deliberate unless at least half of its members are present. Decisions are made by a majority of the votes of those present. In the event of a tie, the president's vote is decisive. Meetings are confidential, and the chief clerk organizes the minutes, which cannot be disclosed in any form. The president presents a report for discussion, which includes the activities of the Council of State during the previous year and references to legislative, regulatory, and administrative reforms deemed in the public interest. The president of the Council of State communicates the general assembly's decisions to the Minister of Justice.",
            "position": 37,
            "article_number": "37"
        },
        {
            "id": 4226,
            "body": "The president of the council, in addition to the functions and tasks specified for him in this legislative decree, manages administrative affairs and conducts judicial and administrative inspections personally or through a delegated member. He forms the council's office with the government commissioner and the chamber presidents.",
            "position": 38,
            "article_number": "38"
        },
        {
            "id": 4227,
            "body": "The staffing of the administrative departments at the Council of State is determined by a special law.",
            "position": 39,
            "article_number": "39"
        },
        {
            "id": 4228,
            "body": "Appointments to the staffing of the administrative departments at the Council of State are made from those who pass the competition, the conditions of which are set by a decision of the Minister of Justice, or from those holding a baccalaureate degree in law. Only candidates holding the Lebanese baccalaureate, first section, or its equivalent are accepted in the competition.",
            "position": 40,
            "article_number": "40"
        },
        {
            "id": 4229,
            "body": "The disciplinary council for the employees of the administrative departments is composed of three members from the Council of State, appointed by a decision of the Minister of Justice after consulting the president of the council.",
            "position": 41,
            "article_number": "41"
        },
        {
            "id": 4230,
            "body": "An employee of the administrative departments is referred to the disciplinary council by a decision of the Minister of Justice and can be suspended from work by the same decision.",
            "position": 42,
            "article_number": "42"
        },
        {
            "id": 4231,
            "body": "Except for the exceptions stated in this legislative decree, employees of the administrative departments are subject to the civil service system.",
            "position": 43,
            "article_number": "43"
        },
        {
            "id": 4232,
            "body": "A permanent assistant advisor supervises the administrative departments. He is responsible for ensuring the proper functioning of the office, facilitating communication between different chambers, and organizing all useful information. This assistant advisor is appointed by a decree issued based on a proposal from the Minister of Justice after consulting the president of the council.",
            "position": 44,
            "article_number": "44"
        },
        {
            "id": 4233,
            "body": "The holiday at the Council of State begins on July 15 and ends on October 1 each year, and the work during this period is organized by a decision of the council's office. Members of the Council of State are not entitled to any leave in addition to this holiday, but the Minister of Justice, with the president's approval, may grant leave not exceeding fifteen days a year with full pay.",
            "position": 45,
            "article_number": "45"
        },
        {
            "id": 4234,
            "body": "The Council of State contributes to the preparation of laws by giving its opinion on projects referred to it by ministers and proposing necessary amendments. It prepares and drafts texts requested from it. For this purpose, it may conduct necessary investigations and seek the assistance of experts and specialists.",
            "position": 46,
            "article_number": "46"
        },
        {
            "id": 4235,
            "body": "The Council of State must be consulted on draft decrees with legislative power, on draft regulatory texts aimed at ensuring the application of laws, and on all matters for which laws and regulations require its consultation. It may also be consulted on draft international treaties, regulatory decisions, draft circulars, public service concessions, and general terms of reference.",
            "position": 47,
            "article_number": "47"
        },
        {
            "id": 4236,
            "body": "The Minister of Justice refers legislative and administrative issues specified in the previous articles to the Council of State upon the request of the competent minister. The assembly deliberates based on a report from one of its members.",
            "position": 48,
            "article_number": "48"
        },
        {
            "id": 4237,
            "body": "The Minister of Justice may request the president of the Council of State to appoint one of the council members to assist administrations in preparing one of the projects specified in articles 46 and 47.",
            "position": 49,
            "article_number": "49"
        },
        {
            "id": 4238,
            "body": "The Council of State is the ordinary court for administrative cases and the appellate or cassation authority for administrative cases for which the law has designated a special court.",
            "position": 50,
            "article_number": "50"
        },
        {
            "id": 4239,
            "body": "The Council of State specifically considers: 1- Compensation claims for damages caused by public works or the execution of public interests. 2- Administrative cases related to contracts, deals, commitments, or administrative concessions made by public administrations to ensure the functioning of public interests. 3- Direct tax cases. 4- Indirect tax cases, notwithstanding previous special provisions. 5- Employee salary and pension cases. 6- Cases related to the occupation of public property.",
            "position": 51,
            "article_number": "51"
        },
        {
            "id": 4240,
            "body": "The Council of State considers annulment requests due to abuse of power for decrees and decisions of an administrative nature, whether related to individuals or systems, issued by the administrative authority.",
            "position": 52,
            "article_number": "52"
        },
        {
            "id": 4241,
            "body": "The Council of State considers disputes related to the legality of elections for administrative councils such as municipal councils, elective bodies, and others.",
            "position": 53,
            "article_number": "53"
        },
        {
            "id": 4242,
            "body": "The Council of State considers disputes related to the discipline of employees, except for judges and judicial assistants.",
            "position": 54,
            "article_number": "54"
        },
        {
            "id": 4243,
            "body": "The Council of State considers requests for interpretation or assessment of the validity of administrative acts. Judicial courts must postpone ruling on cases presented to them if resolving these cases requires interpretation or assessment of the validity of an administrative act beyond their jurisdiction. The most urgent party presents the matter to the Council of State, which provides a binding opinion to the judicial courts in the case for which the opinion was given.",
            "position": 55,
            "article_number": "55"
        },
        {
            "id": 4244,
            "body": "The president of the council or a delegated member may appoint, in urgent cases and upon the request of the concerned party, an expert tasked with examining the facts that may lead to a review by the council. The decision is communicated to those likely to be summoned and invited to attend the inspection.",
            "position": 56,
            "article_number": "56"
        },
        {
            "id": 4245,
            "body": "- On submitting the review:\r\nNo individual may file a lawsuit before the Council of State except in the form of a review against a decision issued by the administrative authority.",
            "position": 57,
            "article_number": "57"
        },
        {
            "id": 4246,
            "body": "If the authority has not issued a decision, the concerned party must obtain a prior decision from the competent authority. For this purpose, a legal request is submitted to the authority, which provides a receipt free of charge mentioning the subject of the request and the date of its receipt. If the authority does not respond within two months from the date of receiving the request, its silence is considered a decision of rejection, except in the following two cases: 1- If the administrative authority is a decision-making body that only convenes in certain sessions, the two-month period is extended as necessary until the conclusion of the first session held after the request is submitted. 2- If the decision on the request is subject to legal deadlines that exceed two months in total, the silence of the administration is not considered an implicit decision of rejection until these deadlines have passed.",
            "position": 58,
            "article_number": "58"
        },
        {
            "id": 4247,
            "body": "Pursuant to the law executed by Decree 7881 \/ 1967\r\nThe review period is two months starting from the date of publication of the contested decision unless it must be notified, in which case it starts from the date of notification or execution.\r\nIf the administrative decision is an implicit decision of rejection resulting from the administration's silence, the two-month period mentioned in the previous paragraph starts from the end of the period specified in Article 58. If an explicit decision is issued before the end of the mentioned two-month period, the review period starts anew from this decision. If this decision is issued after the expiration of the two-month period, it does not start a new period. If the judicial review periods have expired and the concerned party subsequently submits an administrative review to the same authority or a higher authority, the administration's action to reconsider the case does not reopen the review if the decision resulting from this reconsideration supports the first decision.\r\nThe expiration of the two-month period for reviewing the annulment of the explicit or implicit individual decision also extinguishes the right to comprehensive judicial review regarding the decision's effect in all its aspects. Regarding individual decisions prior to the effective date of this law that have not been reviewed and were notified or executed, the comprehensive judicial review period is set at one year from the effective date of this law.\r\nA lawsuit filed after the expiration of the period is not accepted.",
            "position": 59,
            "article_number": "59-معدلة-عدلت"
        },
        {
            "id": 4248,
            "body": "Pursuant to the law executed by Decree 7881 \/ 1967)\r\n-1 If the concerned party submits an administrative review to the same authority or a higher authority within this period, or if they submit a claim on the subject of comprehensive jurisdiction when necessary: In all these cases, the period starts from the date of notification of the explicit decision or from the date of the implicit decision. The period is only interrupted by one review or one claim.\r\n2- If the concerned party requests judicial assistance within the review period, in this case, the review period starts anew from the date the concerned party is notified of the decision regarding judicial assistance.\r\n3- If the concerned party submits to an incompetent court, in this case, the period starts anew from the date they are notified of the judgment.",
            "position": 60,
            "article_number": "60-معدلة-(عدلت"
        },
        {
            "id": 4249,
            "body": "Individuals' reviews are submitted by a petition deposited at the council's office, and this petition must include the following: 1- The name, surname, profession, and residence of the petitioner, and if necessary, the name, surname, profession, and residence of the petitioner against whom the petition is filed. 2- The subject of the petition, a statement of facts, and the legal points on which the petition is based. 3- Mention of the documents attached to the petition. 4- Appointment of a lawyer, and the lawyer's signature on the petition or the reply memorandum is considered as the client's choice of residence at the lawyer's office. The legal stamp is placed on the petition.",
            "position": 61,
            "article_number": "61"
        },
        {
            "id": 4250,
            "body": "The petition must be accompanied by the following documents: 1- Copies certified by the petitioner as true copies, with a number equal to the number of parties in the lawsuit. 2- A certified copy as a true copy of the contested decision or the receipt mentioned in Article 58. 3- A statement from the judge or the president of the court handling the main lawsuit if the review is submitted regarding a request for interpretation or assessment of the validity of an administrative act. 4- A copy, if necessary, of the decision granting the petitioner judicial assistance. 5- The receipt proving payment of the fine mentioned in Article 122. 6- The power of attorney given by the plaintiff to their lawyer in the legal form.",
            "position": 62,
            "article_number": "62"
        },
        {
            "id": 4251,
            "body": "Administrative authority reviews are submitted to the Council of State according to the provisions of the previous articles and are exempt from stamp fees, fines, and the appointment of a lawyer.",
            "position": 63,
            "article_number": "63"
        },
        {
            "id": 4252,
            "body": "Petitions submitted under which the lawsuit is filed are registered at the council's office upon receipt in a register kept by the clerk, numbered sequentially and endorsed according to the rules. Petitions are stamped with a seal indicating the date of submission and a receipt is given. The advisor supervising the administrative departments informs the petitioner within a week of any deficiencies in the petition, which must be corrected within fifteen days of notification. If this period expires without correction, the council may issue a decision nullifying the petition.",
            "position": 64,
            "article_number": "64"
        },
        {
            "id": 4253,
            "body": "Once the subject of the request and the legal reasons justifying it are specified in the petition, additional requests and new legal reasons presented by the petitioner during the lawsuit are considered void unless the review has not yet expired. However, the council must decide on legal reasons that have the nature of public order, even if no one has raised them.",
            "position": 65,
            "article_number": "65"
        },
        {
            "id": 4254,
            "body": "The review does not suspend the execution of the contested decision. The council may decide to suspend the execution of this decision upon an explicit request from the petitioner if it finds that the execution may cause significant harm to the petitioner and that the review is based on serious and important reasons. However, execution cannot be suspended if the review aims to annul a regulatory decree or to annul a decision related to maintaining order, security, or public safety. The council decides on the request to suspend execution either by a separate decision or in the text of the final decision.",
            "position": 66,
            "article_number": "66"
        },
        {
            "id": 4255,
            "body": "Within three days following the registration of the petition or the correction of deficiencies, the president of the chamber handling the lawsuit appoints a rapporteur to whom the file is referred, and the president may perform the function of the rapporteur.",
            "position": 67,
            "article_number": "67"
        },
        {
            "id": 4256,
            "body": "The rapporteur investigates the review, ensures the notification of documents to the parties, sets a deadline for them to submit their defense or response, and conducts investigations deemed necessary to clarify the case.",
            "position": 68,
            "article_number": "68"
        },
        {
            "id": 4257,
            "body": "Notifications are conducted administratively against a receipt, and deadlines are set from one to two months, starting from the day of notification.",
            "position": 69,
            "article_number": "69"
        },
        {
            "id": 4258,
            "body": "The petitioner is not entitled to submit more than one response unless with special permission from the rapporteur.",
            "position": 70,
            "article_number": "70"
        },
        {
            "id": 4259,
            "body": "The parties and their lawyers have the right to review the lawsuit documents at the council's office without removing them from their place.",
            "position": 71,
            "article_number": "71"
        },
        {
            "id": 4260,
            "body": "Any interested party may intervene in the lawsuit, and the council or the rapporteur may also involve them. The request for intervention is submitted in a separate petition and can only support the viewpoint of one of the parties.",
            "position": 72,
            "article_number": "72"
        },
        {
            "id": 4261,
            "body": "The rapporteur determines the form in which the investigation proceedings are conducted, drawing inspiration from the principles outlined in the Code of Civil Procedure without being bound to adhere to them literally, ensuring that all investigative actions are complete and impartial, with the right to defense respected. Each party has the right to review the record organized at the end of each investigation.",
            "position": 73,
            "article_number": "73"
        },
        {
            "id": 4262,
            "body": "The rapporteur may, either on their own initiative or at the request of the parties, take measures deemed necessary for the investigation, such as appointing experts, hearing witnesses under oath, conducting physical inspections, reviewing records, and interrogating individuals. They may also request public administrations to provide reports, opinions, and records and summon relevant officials for clarification on technical and material aspects.",
            "position": 74,
            "article_number": "74"
        },
        {
            "id": 4263,
            "body": "The decisions made by the rapporteur are communicated to the parties and are not reasoned. They can be appealed to the chamber within five days after depositing a security of fifty liras. The party is invited to submit their observations within forty-eight hours. The chamber decides on the appeal without any formalities within eight days, and the rapporteur participates in the judgment.",
            "position": 75,
            "article_number": "75"
        },
        {
            "id": 4264,
            "body": "If the Council of State considers that an appeal filed by a party other than public administrations against the rapporteur's decision is intended solely to delay the resolution of the lawsuit and is not based on any serious grounds, the appellant is penalized by confiscation of the security.",
            "position": 76,
            "article_number": "76"
        },
        {
            "id": 4265,
            "body": "Upon completion of the investigation process, the rapporteur prepares a report and sends it with the file to the Government Commissioner. This report includes a summary of the case, facts, legal issues to be resolved, and the rapporteur's opinion. The Government Commissioner reviews all the documents sent to them and then forwards them to the president with their written opinion. The parties are notified of the rapporteur's report and the Government Commissioner's opinion, and they may submit their written observations regarding them within fifteen days from the date of notification.",
            "position": 77,
            "article_number": "77"
        },
        {
            "id": 4266,
            "body": "Except for the provisions related to the composition of the Council of Cases, each case is examined by a panel composed of a president and two members, one of whom is the rapporteur. The panel deliberates in secret and makes its decision unanimously or by majority, and the decision is announced in a public session, the date of which is communicated to the parties.",
            "position": 78,
            "article_number": "78"
        },
        {
            "id": 4267,
            "body": "The decision is issued in the name of the Lebanese people and must include the following: 1- Names of the members who participated in issuing it 2- Names of the parties and their places of residence and a statement of their claims 3- Reference to the essential documents in the file 4- Reference to the legislative, regulatory, or contractual texts applied in the decision 5- Legal and factual grounds 6- The operative paragraph 7- Date of the decision's announcement in the public session. If the decision is issued by majority, nothing of this should be mentioned in the decision.",
            "position": 79,
            "article_number": "79"
        },
        {
            "id": 4268,
            "body": "The decision is limited to declaring the legal situations that constitute only the subject of the lawsuit being decided. The Council of State is not entitled to act in place of the competent administrative authority to derive from these situations the legal consequences that result from them and to take the necessary decisions.",
            "position": 80,
            "article_number": "80"
        },
        {
            "id": 4269,
            "body": "The decision is signed by the president and the members who participated in issuing it and the council's clerk, and the decision is copied into a special register and communicated ex officio to the Government Commissioner and the parties.",
            "position": 81,
            "article_number": "81"
        },
        {
            "id": 4270,
            "body": "The decisions of the Council of State are binding on the administration, and the administrative authorities must observe the legal situations as detailed in these decisions.",
            "position": 82,
            "article_number": "82"
        },
        {
            "id": 4271,
            "body": "The decisions of the Council of State do not accept any means of review except for objection, third-party objection, retrial, and request for correction of a material error.",
            "position": 83,
            "article_number": "83"
        },
        {
            "id": 4272,
            "body": "Decisions issued in absentia accept objection. The objection does not suspend execution unless the Council of State decides so. The objection is submitted within two months from the date of notification of the absentia decision, and any objection submitted after this period is rejected in form.",
            "position": 84,
            "article_number": "84"
        },
        {
            "id": 4273,
            "body": "If a decision is issued in the presence of one party and in absentia for another party, the latter is not entitled to object to the decision if their interest does not differ from that of the first party.",
            "position": 85,
            "article_number": "85"
        },
        {
            "id": 4274,
            "body": "If the decision causes harm to a person who was not involved in the lawsuit or represented in it, this person has the right to object to the decision through a third-party objection within five years from the date of its issuance.",
            "position": 86,
            "article_number": "86"
        },
        {
            "id": 4275,
            "body": "Each party in the lawsuit may submit a request for retrial: 1- If the decision is based on forged documents 2- If one of the parties is judged for not presenting a decisive document in the possession of their opponent 3- If the essential procedures imposed by law were not observed in the investigation and judgment. Requests for retrial must be submitted under penalty of rejection within two months from the date of notification of the contested decision.",
            "position": 87,
            "article_number": "87"
        },
        {
            "id": 4276,
            "body": "If the decision of the Council of State is marred by a material error that affected the judgment, the concerned party may submit a request for correction to the council. This request must be submitted within two months from the date of notification of the decision to be corrected.",
            "position": 88,
            "article_number": "88"
        },
        {
            "id": 4277,
            "body": "Objection, third-party objection, retrial, and correction lawsuits are subject to the same rules as the lawsuits for which the contested decision was issued, taking into account the special provisions mentioned above. These cases are examined by the chamber that issued the contested decision.",
            "position": 89,
            "article_number": "89"
        },
        {
            "id": 4278,
            "body": "Summary procedures apply: 1- In the reviews stipulated in Article 51 when the value of the lawsuit and its accessories can be estimated at no more than two thousand Lebanese liras. The value of the lawsuit is estimated by the applicant, and if it appears that the applicant's estimation is incorrect, the Council of State determines it based on available documents or expert knowledge 2- In the reviews stipulated in Articles 53 and 54, and when applying summary procedures, the ordinary trial procedures are followed except for the exceptions outlined in the following articles.",
            "position": 90,
            "article_number": "90"
        },
        {
            "id": 4279,
            "body": "Individuals may submit their lawsuits without a prior decision from the administrative authority, and their petition is exempt from appointing a lawyer.",
            "position": 91,
            "article_number": "91"
        },
        {
            "id": 4280,
            "body": "The rapporteur must investigate the lawsuit as soon as possible, and their decisions are not subject to appeal. The period specified for the parties to submit their defense or response is at least eight days and at most fifteen days, and no further response is allowed.",
            "position": 92,
            "article_number": "92"
        },
        {
            "id": 4281,
            "body": "The rapporteur shall prepare a brief report and send it with the file to the Government Commissioner, who must return it with his opinion within eight days to the president. The parties may submit their observations on the rapporteur's report and the Government Commissioner's opinion within five days from the date of notification, and the case must be adjudicated without delay.",
            "position": 93,
            "article_number": "93"
        },
        {
            "id": 4282,
            "body": "The chamber president may, by special decision and upon request from one of the parties and after consulting the Government Commissioner, authorize the application of summary trial procedures if he deems that this will not harm the litigants. However, in this case, the prior administrative decision remains mandatory.",
            "position": 94,
            "article_number": "94"
        },
        {
            "id": 4283,
            "body": "A request for annulment due to abuse of power can only be submitted against purely administrative decisions that have executive power and are capable of causing harm. In no case can a review be accepted concerning actions of a legislative or judicial nature.",
            "position": 95,
            "article_number": "95"
        },
        {
            "id": 4284,
            "body": "A request for annulment due to abuse of power is only accepted from someone who proves a legitimate direct personal interest in annulling the contested decision.",
            "position": 96,
            "article_number": "96"
        },
        {
            "id": 4285,
            "body": "A request for annulment due to abuse of power is not accepted from someone who can resort to another judicial review to achieve the same result.",
            "position": 97,
            "article_number": "97"
        },
        {
            "id": 4286,
            "body": "The Council of State must annul administrative acts tainted by any of the following defects: 1- If issued by an incompetent authority 2- If taken contrary to the essential procedures stipulated in laws and regulations 3- If taken contrary to the law or regulations or contrary to a res judicata 4- If taken for a purpose other than that for which the competent authority was granted the right to take it by law.",
            "position": 98,
            "article_number": "98"
        },
        {
            "id": 4287,
            "body": "The validity of elections of administrative councils such as municipal councils and elective bodies can be contested by any voter in the relevant area, anyone who has legally submitted their candidacy there, and by the Minister of Interior.",
            "position": 99,
            "article_number": "99"
        },
        {
            "id": 4288,
            "body": "Voters' and candidates' objections must be submitted under penalty of rejection within eight days of the election results announcement, and a written appeal is sufficient without any other procedure.",
            "position": 100,
            "article_number": "100"
        },
        {
            "id": 4289,
            "body": "The objection is notified to the Minister of Interior and to the persons whose election is contested.",
            "position": 101,
            "article_number": "101"
        },
        {
            "id": 4290,
            "body": "The Minister of Interior's objection must be submitted within thirty days of the election results announcement.",
            "position": 102,
            "article_number": "102"
        },
        {
            "id": 4291,
            "body": "In disciplinary cases, the concerned employee submits a request for annulment or cassation within thirty days following the notification of the disciplinary decision.",
            "position": 103,
            "article_number": "103"
        },
        {
            "id": 4292,
            "body": "In disciplinary cases, the Council of State is not entitled to examine the appropriateness of the imposed penalty.",
            "position": 104,
            "article_number": "104"
        },
        {
            "id": 4293,
            "body": "Appeals against judgments issued in the first instance by administrative bodies with judicial character are subject to the rules stipulated in the laws and regulations specific to those bodies. The appeal period is two months from the date of notification unless a contrary provision exists. The appeal transfers the case to the Council of State, which re-examines and decides on it anew.",
            "position": 105,
            "article_number": "105"
        },
        {
            "id": 4294,
            "body": "An appeal does not suspend the execution of the appealed judgment unless the council decides otherwise.",
            "position": 106,
            "article_number": "106"
        },
        {
            "id": 4295,
            "body": "Judgments issued in the last instance by administrative bodies with judicial character can be appealed, even if the law does not provide for it.",
            "position": 107,
            "article_number": "107"
        },
        {
            "id": 4296,
            "body": "An appeal is only heard if submitted by one of the parties and based on one of the reasons stated in paragraphs 1, 2, and 3 of Article 98.",
            "position": 108,
            "article_number": "108"
        },
        {
            "id": 4297,
            "body": "The appeal period is two months from the date of notification of the judgment.",
            "position": 109,
            "article_number": "109"
        },
        {
            "id": 4298,
            "body": "The appeal does not transfer the case to the Council of State; rather, the council's role is limited to verifying that the trial judge derived the legal conclusions from the facts.",
            "position": 110,
            "article_number": "110"
        },
        {
            "id": 4299,
            "body": "If the Council of State annuls the contested judgment, the court that issued it must comply with the council's decision.",
            "position": 111,
            "article_number": "111"
        },
        {
            "id": 4300,
            "body": "Subject to the rules mentioned in this chapter, the Council of State follows the procedures stipulated in Chapter Two of Title Four of this legislative decree in appeals and cassation cases.",
            "position": 112,
            "article_number": "112"
        },
        {
            "id": 4301,
            "body": "Ministers may, through the Minister of Justice, submit reviews in favor of the law against any administrative or judicial decision when this decision has become final. If the Council of State annuls it, this decision cannot benefit or harm the litigants.",
            "position": 113,
            "article_number": "113"
        },
        {
            "id": 4302,
            "body": "The Beirut Execution Department ensures the execution of decisions issued by the Council of State for individuals that the laws do not allow to be executed administratively.",
            "position": 114,
            "article_number": "114"
        },
        {
            "id": 4303,
            "body": "The execution procedure mentioned in the previous article follows the provisions of Book Five of the Code of Civil Procedure.",
            "position": 115,
            "article_number": "115"
        },
        {
            "id": 4304,
            "body": "The head of the execution department decides on issues arising from the execution of Council of State decisions, provided that the principle of separation of administrative judiciary is respected.",
            "position": 116,
            "article_number": "116"
        },
        {
            "id": 4305,
            "body": "Requests for the execution of decisions against the administrative authority are submitted to the President of the Council of State, who forwards them without delay with the enforceable copy to the competent authorities to take the necessary action.",
            "position": 117,
            "article_number": "117"
        },
        {
            "id": 4306,
            "body": "Expenses include: 1- Judicial expenses 2- Investigation expenses such as expert and witness fees.",
            "position": 118,
            "article_number": "118"
        },
        {
            "id": 4307,
            "body": "All provisions stipulated in the fee schedule of first-instance courts specified in Chapters One, Two, Four, and Five of Title One of the Judicial Fees Law dated October 10, 1950, and in Articles 80, 81, 82, 86, 87, 88, 89, 91, 92, 93, 99, and 100 of the aforementioned law apply to the Council of State, subject to the provisions outlined below.",
            "position": 119,
            "article_number": "119"
        },
        {
            "id": 4308,
            "body": "Upon submitting the review, half of the proportional fee is collected, and the remainder upon extracting the enforceable copy. The fixed fee at the Council of State is ten liras, collected in full upon submitting the review.",
            "position": 120,
            "article_number": "120"
        },
        {
            "id": 4309,
            "body": "Requests for interpretation and opinions on the validity of an administrative act are subject to a fixed fee.",
            "position": 121,
            "article_number": "121"
        },
        {
            "id": 4310,
            "body": "In cases of appeal, cassation, retrial, and third-party objection, the applicant, except for public administrations, must deposit the following fines in the treasury: 1- 25 lira if the review does not exceed a value of two thousand lira 2- 50 lira if the value of the review exceeds two thousand lira or is not assessable. A single fine suffices if there are multiple original applicants in one application. The fine is confiscated as treasury revenue if the review is rejected in form or substance.",
            "position": 122,
            "article_number": "122"
        },
        {
            "id": 4311,
            "body": "Requests for correction of material errors are exempt from judicial fees and fines only.",
            "position": 123,
            "article_number": "123"
        },
        {
            "id": 4312,
            "body": "One of the judges of the panel, appointed by the president, decides on legal aid cases, and his decision is appealable before the chamber within fifteen days.",
            "position": 124,
            "article_number": "124"
        },
        {
            "id": 4313,
            "body": "Expenses are settled in the final decision.",
            "position": 125,
            "article_number": "125"
        },
        {
            "id": 4314,
            "body": "The Court of Disputes is composed of: President: The President of the State Council or the First President of the Court of Cassation 1- The Vice President of the State Council and a counselor in the State Council appointed by the council's office at the beginning of each judicial year Members: 2- A chamber president and a counselor in the Court of Cassation or a president of a Court of Appeal appointed by the Higher Judicial Council at the beginning of each judicial year. Government Commissioner: The Government Commissioner at the State Council or the Public Prosecutor at the Court of Cassation Two additional members: A counselor in the State Council and a counselor in the Court of Cassation appointed in the manner described above to complete the panel when necessary.",
            "position": 126,
            "article_number": "126"
        },
        {
            "id": 4315,
            "body": "The presidency of the Court of Disputes alternates between the President of the State Council and the First President of the Court of Cassation for a judicial year. When the court is presided over by the President of the State Council, the Public Prosecutor at the Court of Cassation acts as the Government Commissioner, and when presided over by the First President of the Court of Cassation, the Government Commissioner at the State Council acts as the Government Commissioner. The Court of Disputes convenes at the invitation of its president at his workplace and always consists of a president and four members. The administrative departments at the State Council provide the court's clerical work.",
            "position": 127,
            "article_number": "127"
        },
        {
            "id": 4316,
            "body": "The Court of Disputes applies the procedures of the State Council and its decisions are not subject to any form of review.",
            "position": 128,
            "article_number": "128"
        },
        {
            "id": 4317,
            "body": "The Court of Disputes considers negative jurisdiction disputes. A negative jurisdiction dispute arises from two decisions declaring lack of jurisdiction in the same case, one from an administrative court and the other from a judicial court. These decisions may not necessarily be final.",
            "position": 129,
            "article_number": "129"
        },
        {
            "id": 4318,
            "body": "The party with an interest undertakes the review. The review does not suspend execution and can only be undertaken within five years following the last decision of lack of jurisdiction. The Court of Disputes issues its ruling by annulling the erroneous lack of jurisdiction decision and returns the parties to the court that mistakenly considered itself incompetent. The court to which the case is referred must comply with the decision of the Court of Disputes.",
            "position": 130,
            "article_number": "130"
        },
        {
            "id": 4319,
            "body": "The Court of Disputes also considers contradictions between two judgments resulting in a failure to achieve justice. The judgments must be issued, one by a judicial court and the other by an administrative court, and must have resolved the substance of the dispute on the same subject matter. It is not necessary for the litigants or the reasons to be the same.",
            "position": 131,
            "article_number": "131"
        },
        {
            "id": 4320,
            "body": "The review must be submitted within two months from the day the last judgment became final. The Court of Disputes decides on the substance for all litigants and may conduct investigations if deemed appropriate, and also rules on the costs of the case in both the administrative and judicial courts.",
            "position": 132,
            "article_number": "132"
        },
        {
            "id": 4321,
            "body": "The Court of Disputes finally considers contradictions arising from divergent jurisprudence between administrative and judicial courts. The court decides in these cases for the benefit of the law, based on a request from the competent minister referred to it by the Minister of Justice, and this decision cannot benefit or harm the litigants.",
            "position": 133,
            "article_number": "133"
        },
        {
            "id": 4322,
            "body": "Reviews submitted to the Court of Disputes are not subject to any fee except for the stamp duty.",
            "position": 134,
            "article_number": "134"
        },
        {
            "id": 4323,
            "body": "The government has the right, within a period not exceeding six months from the date of enforcement of this legislative decree, to determine by decree issued in the Council of Ministers the number of members of the State Council and its administrative staff, their categories, and grades.",
            "position": 135,
            "article_number": "135"
        },
        {
            "id": 4324,
            "body": "The provisions of Legislative Decree No. 14 dated January 9, 1953, concerning the establishment of the State Council remain in effect until the decree provided for in the previous article is issued.",
            "position": 136,
            "article_number": "136"
        },
        {
            "id": 4325,
            "body": "Judges currently attached to the Ministry of Justice are considered judges of the State Council and seconded to the ministry under Article 15 of this legislative decree. However, they retain their current rank until the new establishment of the State Council is set and they are appointed therein.",
            "position": 137,
            "article_number": "137"
        },
        {
            "id": 4326,
            "body": "When the new establishment of the State Council is set, the current president, Government Commissioner, vice president, counselors, and judges seconded to the Ministry of Justice are appointed in the category and grade equivalent to their salary, retaining seniority for promotion. Vacant positions are filled according to the provisions of this legislative decree. However, within three months after setting the new establishment of the State Council, counselors may be appointed from among judicial judges, judges seconded to the Ministry of Justice, and counselors at the Court of Audit if their salary is equivalent to at least that of a counselor, and from among full professors in law institutes and lawyers registered in the general roll for at least ten years without adhering to the provisions of Article 7 of this legislative decree.",
            "position": 138,
            "article_number": "138"
        },
        {
            "id": 4327,
            "body": "Until one of the assistant counselors meets the conditions required for appointment in the category of counselors, vacant counselor positions are filled from among the persons mentioned in Article 7, its second paragraph.",
            "position": 139,
            "article_number": "139"
        },
        {
            "id": 4328,
            "body": "Counselors appointed in the State Council under Articles 137, 138, and 139 of this legislative decree are considered as if they were in the category of assistant counselors concerning the application of the last paragraph of Article 7.",
            "position": 140,
            "article_number": "140"
        },
        {
            "id": 4329,
            "body": "A judge or employee appointed in the establishment of the State Council is classified therein according to the following rules: 1- Generally, in the grade equivalent to his salary at the time of appointment, retaining seniority for promotion. 2- In the last grade if his salary at the time of appointment is below the salary allocated for this grade. 3- In the grade immediately above his salary at the time of appointment if this salary has no equivalent in the State Council's salary scale.",
            "position": 141,
            "article_number": "141"
        },
        {
            "id": 4330,
            "body": "The General Assembly shall establish the internal regulations of the council at its first meeting by a majority of three-quarters of the votes, and it may not be amended except by the same majority.",
            "position": 142,
            "article_number": "142"
        },
        {
            "id": 4331,
            "body": "Pending applications before the General Assembly of the Court of Cassation, pursuant to Article 18 of the Judicial Organization Law issued on May 10, 1950, shall be referred in their present state to the Court of Dispute Resolution.",
            "position": 143,
            "article_number": "143"
        },
        {
            "id": 4332,
            "body": "This legislative decree shall come into effect on the day following its publication in the Official Gazette. However, the provisions of Articles 46, 47, 48, and 49 shall not apply until four years have elapsed, and until this date, the President of the Council of State shall preside over one of the judicial chambers.",
            "position": 144,
            "article_number": "144"
        },
        {
            "id": 4333,
            "body": "All provisions contrary to or inconsistent with the content of this legislative decree are hereby repealed.",
            "position": 145,
            "article_number": "145"
        },
        {
            "id": 4334,
            "body": "The Minister of Justice shall ensure the implementation of the provisions of this legislative decree.",
            "position": 146,
            "article_number": "146"
        }
    ]
}