المملكة: A pivotal step… A lawyer explains to Al-Youm the importance of the decision to determine the jurisdiction over health practitioners’ grievances

Al-Amoudi explained to Al-Youm that the decision issued by the General Authority headed by His Excellency the President of the Supreme Administrative Court, Sheikh Ali bin Sulaiman Al-Sawi, and bearing the number “1” for the year 1447 AH, represents a unified judicial principle that ends the previous debate about the competent authority to consider appeals of decisions issued by committees for violations of the practice of health professions.

Fair Chance

He pointed out Al-Amoudi pointed out that the period prior to the issuance of the decision witnessed a conflict of jurisprudence regarding the competent judicial authority, due to the disciplinary administrative nature of these committees, which put the litigants and the courts in a circle of confusion.

He added that the General Authority – as the highest body for approving judicial principles in the Board of Grievances – resolved this controversy, and confirmed that the committees’ decisions are in essence administrative decisions, and therefore the inherent jurisdiction to consider their appeals belongs to the administrative courts.

Al-Amoudi stressed that the most important aspect of the decision is to establish the principle of two-level litigation, as it is a basic guarantee of justice:

• First degree: Grievances are filed before the administrative courts.

• Second degree: The rulings issued are subject to appeal before the Administrative Courts of Appeal, with the possibility of appeal before the Supreme Administrative Court when its conditions are met.

He indicated that this path gives the health practitioner a fair opportunity to review the disciplinary decision issued against him through gradual judicial oversight, carried out by judges specialized in the administrative judiciary.

Rights of Health Practitioners

Al-Amoudi saw that the decision reinforces the pivotal role of the administrative judiciary in monitoring the work of administrative and quasi-judicial committees, not Especially those that issue decisions that affect the rights of health practitioners, such as fines or suspension from practice.

He explained that subjecting these decisions to the oversight of the administrative judiciary guarantees the legitimacy of the measures taken, and their compatibility with the laws and regulations.

Al-Amoudi stressed that the decision provides clarity and legal stability for health practitioners; They no longer have to search for the competent authority, but rather go directly to the Administrative Court when they wish to file a grievance. It also allows them to benefit from their right to present their disputes before more than one judicial level, which enhances their ability to defend themselves and correct any error that may occur during the implementation of the system.

A fundamental step

Al-Amoudi concluded his speech by stressing that this decision is a fundamental step in:

• Improving judicial work

• Unification of legal principles

• Increasing the efficiency of procedures

• Enhancing the consistency of the application of regulations related to the system of practicing health professions

Stressing that the decision embodies the Supreme Administrative Court’s approach towards establishing a unified and stable judicial path that guarantees complainants the right to access the competent judiciary from the first instance of litigation, and enhances the quality of the justice system in the Kingdom.