The Cirumstances Surrounding the Jurisdiction of the Council of State Under Special Legislative Provisions (Between Ambiguity in the Legal Text and the Problem of Application)

Abstract

The Council of State occupies a pivotal position within the administrative judicial system entrusted with ensuring the proper application of the law and the uniformity of judicial precedent in administrative matters. However, conferring first-instance jurisdiction upon the Council of State pursuant to special legislative provisions may diverti t from its primary judeicial function, by transforming it from a supreme judicial body into a court adjudicating mtteds on theirmerits. This issue is futher compounded by the constitutional requirement that the jurisdiction of the Council of State be determined by an oeganic law, as well as by the overlap between its jurisdiction and that of the other administrative couets, which may undermine the principle of adjudication at two levels of jurisdiction. Accordingly, there is a need to redefine and delimit these jurisdiction in a manner that preserves the Council of State's status and its proper role within the administrative judicial system.