The legal system for the implementation of administrative provisions in Yemen Reality and Hope - Legal Study (Contextual Analysis)

Abstract

The phenomenon of non-implementation of judicial rulings in general, and administrative rulings in particular, is one of the prevailing manifestations in Yemen, and this phenomenon shakes the citizen’s confidence in the ruling authority and weakens its position, both internally and externally, which ultimately harms the interest of the state. Refraining from implementing the final judicial rulings under any justification is a clear evasion of the application of the law, and an infringement on the principle of legality and the rule of law, and embodies the abuse of power in the clearest form. Here, the researcher tries to present the reality of this important issue and make recommendations that would limit the exploitation of some of the shortcomings and defects that marred the legislation in force and participate in fixing the defects, by trying to lay hands on the shortcomings in the legal system to implement the administrative provisions and the necessary legal treatments and spread awareness and legal culture about The importance of the obligation to implement judicial rulings and orders, and the danger and repercussions of violating them. The aim of the research is to clarify the legal system for the issue of implementing administrative provisions in Yemen, and to develop a comprehensive framework for the various texts of articles related to the laws in force, including the Civil Procedure and Execution Law, the State Cases Law, the Prime Minister’s decision to issue the executive regulations of the State Cases Law, and the decision of the President of the Supreme Judicial Council to establish two administrative courts. Amanat Al-Asimah and Aden ... etc., and an indication of the extent to which they are applied and adhered to in practice. The researcher also followed the content analysis and descriptive approach, to study the topic of the research by identifying and clarifying the legal format for the provisions of the articles of laws in force and regulating the implementation of administrative provisions in Yemen and the seriousness of applying these texts to reality by inferring a number of judgments issued against the administration.

The research included a number of results, the most important of which is that there are some shortcomings in these texts on the one hand, and in their practical application as well, as many violations of the existing legal texts were found on the other hand. On the legislation of a legal system capable of forcing the administration to implement and respect judicial rulings and fulfill its obligations towards all judicial rulings issued against it, so that there is a harmonized legal organization capable of controlling the process of implementing administrative rulings, similar to other countries. In addition, there is a need to conduct a comprehensive review of the provisions of the implementation articles in the existing laws, to identify those that are disrupted and to activate their work by referring the administrative leaders that refrain from implementation to the space, so that the judicial authority will hold them accountable for committing this crime confirmed by the laws in force, and addressing The incomplete as a legislative void for the incomplete implementation system.