Request for Urgent Disclosure to Prove the Status of the Incident before the Administrative Court: Comparative Analytical Study

Abstract

This study aims to clarify the features of the urgent disclosure request to prove the administrative situation and to indicate the position of the Jordanian legislator to reach an integrated legal organization and effective judicial application, as this request occupies an important place in practice, especially before the administrative judiciary, because it works to protect the rights of the litigant by taking precautionary preventive measures in urgent cases that cannot be delayed, with the aim of proving a material fact that is feared to be over time, in preparation for preparing evidence and benefiting from it when filing an objective administrative case in the future.

Although the Jordanian Administrative Judiciary Law No. 27 of 2014 has regulated urgent requests under its article (6), they were brief. They did not address the framework in an integrated manner, as there are no special rules related to the request for urgent disclosure in that law. Still, it has developed a text that refers to the general rules in the Code of Civil Procedure in accordance with Article 41 of the Administrative Judiciary Law. The urgent administrative judiciary may work to apply its rules based on the text of that article. Since it is considered one of the general Sharia for administrative procedures and is applied if there is no text Thus, the problem of research lies in the extent of activating the general rules in the Code of Civil Procedure and regulating the provisions of this request before the administrative judge on the ground for what he has a structural role, so he works to estimate the suitability of those legislative provisions with the nature of that judiciary, and from this point of view this research came to solve the legal problems in them through a comparative analytical methodology,  The research concludes that the comparative summary administrative judiciary is competent to consider and prove this request, unlike its Jordanian counterpart, and recommends the need to amend the current legislation or enact the Code of Administrative Procedures and to develop special provisions related to proving the case to be consistent with the nature of the administrative case.