2022-05-26

West Bank

Core Program / position paper

Let the Decree-law on the fees of Administrative Courts be abolished immediately and without delay

We look forward to a loud voice and active lobbying from the Bar Association and all other institutions and societal bodies to get its issuer to abolish it.

Again, under the cover of darkness and in an individualistic manner that only takes into consideration the interest of the executive authority and the powerful individuals in governance, and on the altar of the Basic Law, the President promulgates a Decree-Law holding No. 22 of the year 2022 concerning Administrative Court fees. The Decree-law was published in the Official Gazette (Al-Waqae') yesterday evening, without any conditions for the implementation of the article (43) of the Basic Law being available, in a flagrant violation of Article (88) of the same Law, which forcibly imposes that the modification and abolition of general taxes and fees must be done by a Law. There is an international, regional, jurisprudential and judicial consensus that a Decree-law is inferior to a Law, and it falls under the unconstitutionality and non-existence that fees or taxes may ever be imposed in a legislative mechanism that is inferior to Law, and it is also agreed, jurisprudentially and judicially, that the issuance of a Law is vested in the inherent power of legislation, which is the Parliament (the Legislative Council), and the absence of the Legislative Council should not be taken as a justification for turning over or confiscating the constitutional rights and principals, and as a justification for the legally unacceptable enlargement of legislation tailored to the Executive Authority both the Government and the Office of the President, because this absenteeism is addressed through general elections, not by abolishing the nature of the legal system, and perpetuating its direction towards absolute individual totalitarian rule.

While we are committed to our opposition to the Decree-law issuing approach, we see in this Decree-law a denial and impediment to the citizens’ right to access justice, their right to litigation, especially since the rest of the states in the world, which are characterized by the rule of law, recognize the principle of free litigation, as part of their regulation of litigants' obligations in this regard; and rely on this principle in such a way as to make the cost of litigation symbolic and minimal, and this is what the legitimate Palestinian legislature went by when it decided to set the fee for accessing the Administrative Court at 20 Jordanian Dinars, whereas the citizens were surprised with this Decree-law that doubled the fees for claims, applications and appeals to 100 times.

Noting that administrative proceedings are inherently related to the Principle of Legality of Governance and Performance, and to the relationship of individuals vis-à-vis the State with its various bodies, increasing the costs and burdens of access to justice constitutes in itself a cover and protection of the Administration's decisions and a facilitation to their enforcement, especially if challenging their enforcement is too expensive.

Therefore, "MUSAWA" calls for the immediate abolishment of this Decree-law, noting its detrimental effects on the international status of the State of Palestine, in the light of the implementation of this Decree-law that is blatantly incompatible with the International Bill of Human Rights, foremost among which is the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which restricts the right to litigation in a manner that abolishes it, contrary to Article (30) of the Basic Law, which stipulates: “Submitting a case to court is a protected and guaranteed right for all people”

"MUSAWA" calls the Bar Association and all other societal bodies and institutions to organize the widest and largest societal lobbying campaign to ensure the abolition of the Decree-law, noting that this Decree-law is based on the Decree-Law addressing the formation of Administrative Courts, which in turn negates the judiciary's individual and institutional independence.

Access to litigation may not be a source of levy or a profit-making business, nor may citizens bear the burden the Law imposed on the State. Enough with missing with citizens' security and stability and messing with of the Basic Law.

Issued on 26.05.2022

“MUSAWA”