Enforcing Board of Grievances rulings in Saudi Arabia
Last month, the Council of Ministers issued a decision approving the law of enforcement before the Board of Grievances.
This law aims to effectively address the implementation of administrative bonds through advanced tools and means in accordance with the best international practices in order to achieve judicial security of rights and enhance the economic and investment environment in the Kingdom.
The law included the establishment of administrative enforcement courts, and specified their jurisdiction to implement the enforcement bonds included in the provisions of the law, whether they were final or urgent judgments issued by the courts of the Board of Grievances in lawsuits that a governmental body was involved in it.
Accordingly, by a decision of the Administrative Judicial Council, one or more courts shall be established as needed consisting of a chief and a sufficient number of judges, exercising powers through circuits consisting of one judge each.
Moreover, an enforcement department shall be established in the administrative courts in the regions and governorates where no court has been established, and shall have the jurisdictions prescribed for the court.
With regard to implementation, compulsory execution may only be made with an enforcement deed of a right or a fixed amount at the time of performance. These enforcement bonds covered by the provisions of the law are the final or urgent judgments issued by the courts of the Board of Grievances, final or urgent judgments to which a governmental body is a party, the contracts to which the governmental body is a party, and all written documents it issues, if they were notarized.
The enforcement request shall be submitted in a memorandum filed by the enforcement applicant with the competent court, provided that the memorandum includes the data of the applicant or his representative, the data of the bond, and any other data or attachments specified by the regulation.
Then, the competent department in the court shall record the enforcement request sheet if it fulfills the requirements and shall refer it as soon as it is registered to the enforcement department. If the administration decides not to register the application for not having sufficient and completed information, the applicant must fulfill what was missing within (twenty) days from the date of being notified of this, and if he did not fulfill what was requested of him during this period, the application shall be canceled.
The applicant may also file a grievance before the president of the court against nonregistration within 15 days from the date the application was canceled, and the president of the court shall decide on the grievance within 15 days from the date of the grievance. This decision is final, and not subject to objection.
In the case of urgent judgments, the time limit is five days to process, unless the urgent judgment specifies a shorter period.
On the other hand, the law will also guarantee the right of government authorities to implement administrative bonds issued in their interest, issue enforcement orders, disclose and seize the money of the plaintiff, in a way that enhances the protection of public money and the rights of the state treasury.
• Dimah Talal Alsharif is a Saudi legal consultant, head of the health law department at the law firm of Majed Garoub and a member of the International Association of Lawyers. Twitter: @dimah_alsharif