» News

Bahraini Court Refuses to Cancel Justice Minister’s Decisions on Raising Attorney and Legal Fees

2017-10-03 - 7:41 p

Bahrain Mirror: The High Administrative Court rejected a lawsuit, filed by a lawyer, demanding the cancellation of Minister of Justice decisions concerning amending registration dues, renewal of license to practice law and amending some legal fees.  

The plaintiff had demanded the lawsuit be referred to the constitutional court to adjudicate the constitutionality of the two decisions under appeal.

The plaintiff challenged the constitutionality of these decisions and their legality because they were issued by an unspecialized party and without legislative mandate.

The court said that the legislator has entrusted the Minister of Justice to determine the registration dues fees in the lawyers lists and the renewal of this registration within a decision he issues after the Council of Ministers approval. The legislator also mandated him to implement the legal fees law that requires specifying the payable fees on the proceedings of legal measures.

With respect to the unconstitutionality of the decisions under appeal, and based on the Constitution that stipulates that setting, modifying and cancelling general taxation takes place only under law, the court stated that the tax text clause is not applied on legislative texts that regulate fees, being of different nature of taxation. Thus, the court said that the lawsuit does not rely on legal basis and rejected it.

The Court refused the lawsuit and bound the plaintiff to pay the expenses.

Arabic Version



comments powered by Disqus