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Historical development of the Council

 
 
The Consultative Council was established in the Ottoman Empire, of which Lebanon was part, by a Sovereign edict on 8 Zul Hijja 1284, H. corresponding to 2/4/1868. Following the entry of French troops, a Supreme Court was established by decision of the military Governor Sub number 452 on 17/6/1919 and was given the jurisdiction of the Ottoman Court of Cassation then the attributions of the Ottoman Consultative Council, by decision of the Governor no. 1027 dated 12/2/1920.

The Lebanese Consultative Council was for the first time established by decision of the Governor of Greater Lebanon sub no. 2668 on 6/9/1924 and its Code of procedure was elaborated by regulation no. 2979 on 9/2/1925. A few years later, namely on 24/3/1928, the Council was abolished and its jurisdiction was entrusted to the Administrative Chamber at the Court of Cassation which had to follow the administrative procedures. Upon cancellation of the Court of Cassation by decree-law no. 5 dated 3/2/1930 the jurisdiction of deciding the administrative disputes was transferred to an administrative Chamber at the Beirut Court of Appeals, then to the corresponding Chamber at the Court of Cassation once reinstated by legislative decree no. 239 on 16/9/1939. The Council’s revival took place by a legislative decision no. 89 on 23/4/1941. Pursuant to the independence, the Council was cancelled again by the Law dated 10/5/1950, which transferred the jurisdiction in claims for annulment to the administrative Chamber at the Court of Cassation and those of full jurisdiction to the district judges.

The Council was definitely reinstated by Decree-Law no. 14 on 9/1/1953 and the rules of procedure to be followed were regulated by Decree-Law no. 69 on 10/4/1953. In addition, an ad hoc administrative court was concurrently established by Decree-Law no. 3 on 30/10/1954. In the course of the reforms, which took place during President Chehab’s era, the Council was reorganized by Decree-Law no. 119 on 12/6/1959 then organized anew by Law implemented by Decree 10434 on 14/6/1975, which abolished the ad hoc administrative court. This was followed by a number of partial amendments, the most important of which was provided for in Law no. 28 on 25/9/1980, which specified that the notification of the report of the reporting counsel and the comments of the government Commissioner through a statement to be published in the Official Gazette instead of individual notifications. Another amendment was effected by Law no. 259 dated 6/10/1993, which created the summary jurisdiction within the administrative judicial system, and granted the Council the authority to impose a coercive fine on public law persons. Finally, law no.227 dated 31/5/2000 provided for the establishment of administrative courts in the governorates to become operative by decision of the Minister of Justice but this law was not put into effect up to this date.


 
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