Royal Decree 35/2022 regarding the Governance of the Administration of Judicial Affairs

Arabic

We, Haitham bin Tarik, the Sultan of Oman

after perusal of the Basic Statute of the State,

the Judicial Authority Law promulgated by Royal Decree 90/99,

the Law of the Administrative Court promulgated by Royal Decree 91/99,

the Public Prosecution Law promulgated by Royal Decree 92/99,

the Civil and Commercial Procedures Law promulgated by Royal Decree 29/2002,

Royal Decree 88/2008 regarding the Tribunal of the Conflict of Jurisdiction and Judgments,

Royal Decree 35/2010 Establishing the Higher Judicial Institute,

Royal Decree 25/2011 on the Independence of the Public Prosecution,

Royal Decree 9/2012 regarding the Supreme Judicial Council,

Royal Decree 10/2012 regarding the Governance of the Administration of Judicial Affairs,

Royal Decree 54/2012 Establishing a Secretariat General for the Council of Administrative Affairs for the Judiciary and Adopting Its Organisational Structure,

and Royal Decree 88/2020 Merging the Ministry of Justice and the Ministry of Legal Affairs into One Ministry Named the Ministry of Justice and Legal Affairs, Determining Its Competences, and Adopting Its Organisational Structure,

and in pursuance of public interest,

have decreed as follows

Article I

A council named the “Supreme Judicial Council” is hereby established, it shall enjoy legal personality as well as financial and administrative independence, its headquarters shall be in the Governorate of Muscat, and the provisions provided in the attached annex 1 shall apply in regard to it.

Article II

The general structure of the judiciary shall be adopted in accordance with the attached annex 2.

Article III

All allocations, assets, rights, obligations, and holdings of the Council of the Administrative Affairs of the Judiciary, the Administrative Court, and the Public Prosecution are hereby transferred to the Supreme Judicial Council.

Article IV

The Members of the Administrative Court shall be transferred with their same grades and employment status to the equivalent judicial positions stipulated in the aforementioned Judicial Authority Law, and the same law shall apply to them in regard to all matters relating to their employment and retirement affairs.

Article V

The employees of the Secretariat General of the Council of Administrative Affairs of the Judiciary, the Administrative Court, and the Public Prosecution shall be transferred to the Supreme Judicial Council with their same financial grades.

Article VI

The Deputy Chairman of the Supreme Judicial Council shall issue the regulations and decisions necessary for the implementation of the provisions of this decree, and until they are issued the existing regulations and decisions continue to operate to the degree that they do not conflict with its provisions. The deputy chairman of the council shall undertake all the necessary legal procedures to amend the laws and royal decrees relating to the judiciary in compliance with the provisions of this decree within a period not exceeding a year from the date of the entry into force of this decree, and it is permitted to renew it for one period by the approval of the Sultan.

Article VII

The phrases “Ministry of Justice and Legal Affairs” and “Minister of Justice and Legal Affairs” are hereby replaced whenever they occur in the aforementioned Royal Decree 35/2010 and the system attached to it with the phrases “Supreme Judicial Council” and “Deputy Chairman of the Supreme Judicial Council”.

Article VIII

The phrases “Administrative Court” and “President of the Administrative Court” are hereby replaced wherever they occur in laws and royal decrees with the phrases “Primary Administrative Circuit” or “Appeal Administrative Circuit” and “President of the Primary Administrative Circuit” and “President of the Appeal Administrative Circuit”, as required by the context.

The job titles of the Members of the Administrative Court are also hereby replaced wherever they occur in laws and royal decrees with the positions equivalent to them in the Judicial Authority Law, and the phrase “Law of the Administrative Court” is hereby replaced wherever it occurs in laws and royal decrees with the phrase “Administrative Procedure Law”.

Article IX

The provisions of the aforementioned Law of the Administrative Court are hereby repealed, with the exception of articles 3 to 23 and articles 25 and 107 in regard to judicial fees. In regard to matters not covered by these articles, the provisions of the Civil and Commercial Procedures Law shall apply to administrative disputes including the mechanisms for annulment contestations. The aforementioned Royal Decrees 88/2008, 25/2011, 9/2012, 10/2012, and 54/2012, as well as all that is contrary to this decree and the attached annexes, or in conflict with their provisions, are hereby repealed.

Article X

In exception to the provisions of this decree, the Tribunal of the Conflict of Jurisdiction and Judgments shall continue to examine lawsuits filed before it prior to the promulgation of this decree and until the issuance of their judgments.

Article XI

This decree shall be published in the Official Gazette, and comes into force on the date of its issuance.

Issued on: 16 Dhu Al-Qa 'dah 1443
Corresponding to: 16 June 2022

Haitham bin Tarik
Sultan of Oman

Published in Official Gazette 1446 issued on 19 June 2022.