English abstract
Grievance is considered as essential condition for accepting reviewing the administrative decision Case before Oman Administrative Court with exception of reviewing the final Administrative decisions issued by administrative committees having judicial power submitted by the concern authorities this in accordance with article (9) of the court law, this thesis replies the following inquiries :. -What is the essence of Grievance ? - What are the types of the grievance ? - What are the conditions of the grievance till having its legal impact in accepting reviewing administrative decisions case ? - Is there in Oman Legal System grievance procedures & and judge the same? what are the grievance impact.? The researcher refer to find out replies for these inquiries in Oman Administrative court and other expression related to grievances stipulated in the laws & Regulations & system applied in the Sultanate of Oman , in addition to the above mentioned the researcher disc used the Oman Administrative court jurisprudences in this thesis , he compared between the jurisprudences and the applied Egyptian law system. This thesis formed from three chapters in addition to preamble chapter as follows :: -the preamble chapter. It includes the definition of the grievance, its justifications, supporters & opposers, the position of the administrative jurisdiction of these justification? - Chapter (1): it contains the types of grievances regarding the submitted
authorities regarding the regional & central grievance .grievance to administrative authority having monitoring power, other types of grievance regarding its abiding procedure to submit the grievance at the locality first, the optional grievance, avoid grievance by force of the law - The second chapter. It contains the conditions for grievance, which divided into formal concerning submitting of the grievance after the issuing of the final administrative decision to the administrative authority within the legal specified period ,other substantial conditions , it include submitting the grievances for benefit and it should be clear and effective Chapter (3) it includes the grievance procedures starting from method of submitting the grievance, checking and final discussing it for issuing of the decision, this chapter also tackles the effect of submitting the grievance on the grievant ,the administrative authority and the third party and the administrative decision reviewing. The thesis included by number of results and recommendations, the most important one , it is necessary to issue new procedures for the grievance And method of discussing , this should be in special law shall be issued to include all the administrative cases procedures before Oman administrative court and amend article (9) of Oman administrative court low, it should state publication in the official Gazette and abiding the administrative authority to give reasons for rejection the grievance, and the possibility of reviewing the administrative decision, without waiting for the legal period for discussing the decisions when submitting request for stopping the execution of the decision according to article (19) of the same law.