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The State Consultative Council is the supreme administrative court in Lebanon adopting the dual judiciary system: the judicial in settling the civil and criminal litigations and the administrative to settle administrative disputes in which one of the parties is a public body (the State, public institutions, municipalities) while exercising a public authority, and in all other public law matters.
The Council is the Supreme Court in administrative litigations and the Appellate jurisdiction in litigations to which the law has indicated a special court or administrative body having a judiciary character (the State Audit Office, Disciplinary Council, the Central Inspection Organization, Tax and Fees Opposition Committees). The Council is invested with the functions of the summary judge whenever a legal or a factual situation arises which requires taking urgent measures in order to safeguard the rights and avoid damages without examining the merits of the case.
The State Consultative Council is also the State Counselor on legislative, regulatory and administrative matters, The Council, on one hand, participates in preparing draft legislations, treaties, legislative decrees and regulations and, on the other hand, imperatively gives his opinion on all regulatory provisions ready to be issued by the concerned administrations (decrees and regulations). It also gives its opinion on any important legal matter referred to it by the Council of Ministers. In practicing this consultative task, the Council exercises a prior control on the legality of the administrative acts and prevents any violation to the principles of a constitutional value and the general principles of law.
The Council adopts the rules of procedures mainly created by the administrative judiciary, namely the French State Council. These procedures differ from the civil procedures, which organize the litigation process between litigants equal in rights looking after their private interests.
Litigants in administrative disputes, on the contrary, are not equal in rights and interests since persons of public law enjoy the privileges of the public authority, namely the coercive power and the authority to issue executory decisions and work for the public interest.
The Council takes into account the principles set forth in the Code of Civil Procedures but is not bound by them literally. Administrative procedures are characterized by the fact that they are in writing, only written documents are taken into consideration, as is the case in administrative formalities; fact finding, the judge take charge if directing the investigation process, and not public, since presence is required only from the parties to the petition.
Sentences issued by the said Council are limited to the declaration of the legal issues raised by the subject matter of the petition under examination.
The Council is not entitled to substitute itself to the competent administrative authority in order to take any administrative decision these sentences may require. These sentences, however, are binding to the Administration who has the duty to enforce their execution within a reasonable period at the risk of incurring liability and be condemned to coercive fines.
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