The Administrative Court in Saudi Arabia: Jurisdiction, the Pre-Suit Grievance, and Deadlines for Annulling Administrative Decisions

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What is the Administrative Court, and where does it sit within the Board of Grievances?

The Administrative Court is the court of first instance in the Saudi administrative judiciary. It hears lawsuits in which one of the parties is an administrative entity in a dispute arising from its administrative activity. The administrative judiciary rests on the Board of Grievances Law issued by Royal Decree No. (M/78) dated 19/9/1428H, which made the Board an independent administrative judicial body.

The Board consists of three tiers: the administrative courts, then the administrative courts of appeal, then the Supreme Administrative Court. The Board’s branches have been converted into administrative courts across the Kingdom’s thirteen regions, so a dispute is usually brought before the administrative court in the competent region.

What is the jurisdiction of the Administrative Court under Article 13?

Article 13 of the Board of Grievances Law defines the jurisdiction of the administrative courts, most notably:

• Lawsuits relating to rights established under the civil service, military service, and retirement regulations for employees of government entities.
• Lawsuits to annul final administrative decisions for a defect in jurisdiction, form, or cause, for violating laws and regulations or erring in their application or interpretation, or for abuse of authority.
• Lawsuits for compensation for the decisions or actions of an administrative entity.
• Lawsuits relating to contracts to which an administrative entity is a party.
• Disciplinary lawsuits brought by the competent authority.
• Other administrative disputes.

The Board’s courts do not hear lawsuits relating to acts of sovereignty. Nor is a dispute with a government entity always administrative; what matters is the nature of the relationship, not the capacity of the party, and identifying the competent court from the outset saves time that could otherwise be lost to a plea of lack of jurisdiction.

Examples of matters that usually fall within the jurisdiction of the Administrative Court include: a decision to dismiss an employee or deny them a promotion or a raise; a decision to revoke a license or refuse to issue one; a penalty decision issued by a regulatory authority, unless its governing law provides another avenue of challenge; and a contractor’s claim for amounts due under a contract with a government entity, or for compensation for late payment. Conversely, a special law may provide that objections to certain decisions be heard by a quasi-judicial committee or another court, in which case the special provision prevails.

What is the Law of Procedure before the Board of Grievances?

The Law of Procedure before the Board of Grievances is the procedural law governing administrative lawsuits, issued by Royal Decree No. (M/3) dated 22/1/1435H. Its Article 7 provides that a lawsuit is filed by a statement of claim lodged with the competent court, containing the particulars set out in the Law of Sharia Procedure, together with as many copies as there are defendants.

The Law of Sharia Procedure applies where there is no special provision, insofar as it does not conflict with the nature of the administrative dispute. However, the grievance and deadline rules in Article 8 are specific to the administrative judiciary, and they are the most frequently overlooked in practice.

Must a grievance be filed before bringing an administrative lawsuit?

Yes. In the most important types of administrative lawsuits, the filing must be preceded by a grievance to the competent entity; otherwise, the lawsuit may be dismissed as inadmissible. Article 8 of the Law of Procedure before the Board of Grievances sets out two grievance tracks:

• Civil and military service rights lawsuits: preceded by a grievance to the Ministry of Civil Service, which was later merged into the Ministry of Human Resources and Social Development, or to the military entity to which the employee belongs, within ten years from the date the claimed right arose.
• Lawsuits to annul administrative decisions: preceded by a grievance to the entity that issued the decision within sixty days from the date of becoming aware of the decision.

A grievance is not a mere formality; it is the first opportunity to present and document the grounds of objection, and the entity may amend its decision without the need for litigation. It should therefore state its reasons, and proof of its submission date and reference number should be kept.

How is an administrative decision annulled? The deadlines step by step

An action to annul an administrative decision is the judicial route to invalidating a defective final administrative decision, and it involves successive deadlines that must be calculated precisely:

• File a grievance with the entity that issued the decision within sixty days of becoming aware of it.
• Await the entity’s response; it must decide on the grievance within sixty days of its submission.
• If the grievance is rejected or the period lapses without a response, the lawsuit is filed with the Administrative Court within sixty days, as provided in Article 8.

In urgent cases, the request may include a temporary stay of enforcement of the decision, which the court assesses according to the circumstances of the case. Compensation, contract, and similar lawsuits do not require this grievance within the same deadlines, but they will not be heard after ten years from the date the right arose, unless the defendant acknowledges the right or there is an excuse acceptable to the court. Among the most common procedural reasons for losing a right: calculating the period from the date the decision was issued instead of the date of becoming aware of it, or vice versa, without evidence of either.

A frequent question is what awareness of the decision means: as a rule, it is established by official notification, or by publication if the decision is general, and it may be inferred from indications such as an employee submitting a request that refers to the decision. Because the burden of proving the date may shift to the plaintiff, the safer course is to calculate the deadline from the earliest possible date of awareness and to document every communication with the entity thereafter.

How do you file a lawsuit before the Administrative Court via Mueen?

Administrative lawsuits are filed electronically via the Board of Grievances’ “Mueen” platform after logging in with Nafath. The platform allows you to register and track the lawsuit and submit memoranda, and it also enables remote attendance at hearings in all of the Board’s courts free of charge.

• A copy of the challenged decision or proof of awareness of it.
• Proof of submitting the grievance and its date, and the entity’s response or proof that the period lapsed without a response.
• Documents supporting the grounds of challenge, such as correspondence, minutes, and the applicable regulations.
• A valid power of attorney that includes pleading before the Board of Grievances, if the lawsuit is filed by an agent.

For a detailed explanation of the platform’s steps, read the guide to the Board of Grievances’ Mueen platform, and for electronic hearing procedures in general, see remote litigation in Saudi Arabia.

How do you object to an Administrative Court judgment?

An Administrative Court judgment is challenged by appeal before the Administrative Court of Appeal, and then, in the cases provided by law, by a cassation request before the Supreme Administrative Court. Article 33 of the Law of Procedure before the Board of Grievances provides that the objection period is thirty days from the date of receiving a copy of the judgment, or from the date set for receiving it if the party against whom judgment was rendered does not appear; if the period lapses, the judgment becomes final.

An important rule is that an objecting party alone may not be prejudiced by their own objection. The objection memorandum is built on specific points in the judgment, not on retelling the facts, because the court of appeal primarily examines what has been objected to.

An objection before the Supreme Administrative Court is not a third tier for re-examining the facts; rather, it rests on specific legal grounds, such as the judgment contravening Sharia or the laws, an error in applying or interpreting them, or its issuance by a court lacking jurisdiction. Its memorandum is therefore written in legal language that pinpoints the error in the judgment and the provision it contravened, with due regard to the statutory deadline for filing it.

What should be reviewed before filing an administrative lawsuit?

An administrative lawsuit is often won or lost before it is filed, so it is advisable to review the following points:

• Is the decision final and issued by an administrative entity, or merely a preliminary step not yet open to challenge?
• When did you become aware of the decision, and what proves the date of awareness?
• Was the grievance filed on time and with the correct entity?
• What is the specific defect in the decision: jurisdiction, form, cause, violation of the law, or abuse of authority?
• Is the request for annulment, compensation, or both?

If a lawyer handles the lawsuit, the power of attorney must include pleading before the Board of Grievances, and it can be issued electronically as explained in electronic power of attorney via Najiz. You may request a consultation to review the decision and the deadlines before filing the grievance or the lawsuit.

Frequently asked questions

What Is the Difference Between the Administrative Court and the General Court?

The Administrative Court falls under the Board of Grievances and hears disputes in which an administrative entity is a party in its capacity as a public authority, such as the annulment of administrative decisions, compensation for them, and government contracts. The General Court falls under the Ministry of Justice and hears matters that are not within the jurisdiction of another court.

What is the deadline for a grievance against an administrative decision?

A grievance must be filed with the entity that issued the decision within sixty days from the date of becoming aware of it, and the entity must decide on it within sixty days, under Article 8 of the Law of Procedure before the Board of Grievances. In civil service rights lawsuits, the grievance is filed within ten years from the date the right arose.

Can a lawsuit to annul an administrative decision be filed without a grievance?

As a rule, a lawsuit to annul an administrative decision must be preceded by a mandatory grievance to the entity that issued the decision, and omitting it may lead to the lawsuit being dismissed as inadmissible. Compensation and contract lawsuits do not require this grievance, but they are subject to the limitation period.

Can an administrative lawsuit be filed electronically?

Yes. Lawsuits before the Board of Grievances’ courts are filed via the Mueen platform after logging in with Nafath, and through it you can track the lawsuit, submit memoranda, and attend hearings remotely in all of the Board’s courts.

What is the deadline for objecting to an Administrative Court judgment?

Thirty days from the date of receiving a copy of the judgment, under Article 33 of the Law of Procedure before the Board of Grievances. If the period lapses without an objection, the judgment becomes final and enforceable.

Is a lawyer required to file a lawsuit before the Administrative Court?

The law does not require the claimant to appoint a lawyer; they may file the lawsuit themselves via the Mueen platform. However, the grievance and filing deadlines, identifying the defect in the decision, and drafting the requests are technical matters best reviewed before filing, especially in annulment lawsuits with short deadlines.