The Board of Grievances seeks to achieve the lofty message for which it was formed to make justice on the people grievances since it was a division of the Council of Ministers in 1953 to date. Currently, the Board of Grievances witnesses a growth that keeps pace with aspirations of the blessing leadership of the Kingdom of Saudi Arabia. As a result, we have seen an expansion of the board's courts reaching sixteen administrative courts and five administrative courts of appeal in all Kingdom's regions. Whereby pleadings are taking place and conducted through a judicial work system that seeks integration as an aim to achieve justice and redress for grievances.
The Board of Grievances Formation Stages
The Board of Grievances passed many stages since it was established as follows:
First Stage:
The establishment of the Grievances Division at the Council of Ministers under the divisions of the Council of Ministers law on March 17th, 1954 which, in Article 17 states that: "a general department shall be formed at the Council of Ministers Bureau under the name of (The Board of Grievances) and this directorate is supervised by a president appointed by a Royal Decree who is accountable to his Majesty the King whose in turn is his supreme point of reference".
Second Stage:
After some time from establishing the Grievances Division, the Custodians of the Two Holy Mosques, God save them, believed in making a shift in the work of the Board of Grievances and as such, the Royal Decree No 7/13/8759 dated May 10th, 1955 was issued deciding: formation of an independent board in the name of the Board of Grievances and this is managed by a president in the class of a minister, who is appointed by a Royal Decree.
Third Stage:
On May 11th, 1982, the Royal Decree No M/51 was issued considering the Board of Grievances an independent administrative judicial body reporting directly to the King of Saudi Arabia, according to its law issued by the same Decree.
The Board of Grievances jurisdictions at the time were as follows:
The administrative judiciary, disciplinary judiciary, commercial judiciary, petitions for the execution of foreign judgments, as well as the judging of what has been referred to the Board of Grievances by the Council of Ministers or in some regulations whereby the disputes provided shall be settled by the Board.
Current Stage:
The Board of Grievances witnesses the largest national project adopted by King Abdullah bin Abdulaziz - God rest his soul. The Board of Grievances lives a prosperous integration and generous bestowal by defining the new frameworks for the administrative judiciary in the Kingdom of Saudi Arabia. The Board of Grievances law and implementation work mechanism were issued by the Royal Decree No (M/78) dated October 1st, 2007 and the procedures before BOG law issued by the Royal Decree No (M/3) dated November 25th, 2013.
The most important changes are as follow:
- Transferring the Board of Grievances branches into Administrative Courts.
- Transferring the circuits for judgments into Appellate Administrative Court located in Riyadh, Saudi Arabia.
- Establishing Administrative Appeal Courts in other regions of Saudi Arabia.
- Establishing the Supreme Administrative Court.
- Establishing Administrative Justice Council and determining its jurisdiction.
- Transferring criminal and commercial judiciary from the Board of Grievances to the general judiciary.
- Considering cases relating to rights of military services.
The Board of Grievances Courts' Jurisdictions:
According to Article (9) from the Board of Grievances law, courts of the Board of Grievances consists of the following:
1. The Supreme Administrative Court.
2. The Administrative Courts of Appeal.
3. The Administrative Courts.
According to Article (9) from the Board of Grievances law, these courts proceed its jurisdiction through judicial circles that consist of three judges, excepting the administrative courts, which could consist of one judge.
Based on (second section/forth/9) from the implementation work mechanism for the justice and the Board of Grievances law issued by the Royal Decree No(M/78) dated October 1st, 2007 which states that "the Administrative Judiciary Council specifies a transition period after the issuing the procedures before the Board of Grievances law to establish the jurisdiction of administrative appeal courts"
Also, (Third section/A) of the mechanisms states that "The transitional period determined by the Administrative Judiciary Council and the Administrative Judicial Council shall not exceed, depending on the circumstances referred to in the mechanism, a period of three years from the date of modifying the Shariah Procedures Law and Criminal Procedures law and the date of issuing the procedures before BOG law and acting under it"
The Administrative Judicial Council decided that the Administrative Supreme Court starts its work that is stated in chapter four of Section four from the law and the Administrative Appellant Court starts its work that is stated in chapter two of Section four of the law on October 26th, 2014.
Below are the Courts' Jurisdictions:
1. The Supreme Administrative Court:
According to Article (11), the Supreme Administrative Court shall have jurisdiction to review appeals against judgments of administrative courts of appeal if the grounds of appeal are any of the following:
- Violation of provisions of Sharia or laws not inconsistent therewith or an error in application or interpretation thereof, including violation of a precedent established in judgment rendered by the Supreme Administrative Court.
- Being rendered by an incompetent court.
- Being rendered by a court not constituted in accordance with the law.
- An error characterizing the incident or in describing it.
- Deciding a dispute in contraction with another judgment previously rendered in connection with the litigants.
- Conflict of Jurisdiction among the Board's court.
2. Administrative Courts of Appeals:
According to Article (12), the Administrative Courts of Appeals shall be entrusted with reviewing appealable judgments rendered by the administrative courts and shall decide after hearing the litigants in accordance with legal procedures.
3. Administrative Courts:
According to Article (13), Administrative Courts shall have jurisdiction to decide the following:
- Cases relating to rights provided for in civil service, military service and retirement laws for employees of the Government and entities with independent corporate personality or their other beneficiaries.
- Cases for revoke of final administrative decisions issued by persons concerned when the appeal is based on grounds of lack of jurisdiction, defect in forms or cause, violation of laws and regulations, error in application or interpretation thereof, abuse of power, including disciplinary decisions and decisions issued by quasi-judicial committees and disciplinary boards as well as decisions issued by public benefit associations- and the like- relating to their activates. The administrative authority's refusal or denial to make a decision required to be made by it in accordance with the laws and regulations shall be deemed an administrative decision.
- Tort cases initiated by the persons concerned against the administrative authority's or actions.
- Cases related to contracts to which the administrative authority is party.
- Disciplinary cases filed by the competent authority.
- Other administrative disputes.
- Requests for execution or foreign judgments and arbitral awards.