Administrative Affairs Courts Law, 5760-2000
חוק בתי משפט לענינים מינהליים, תש"ס-2000
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
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Purpose§
The purpose of this Law is to gradually empower the District Court sitting as an administrative affairs court to hear administrative affairs that are heard by the Supreme Court sitting as the High Court of Justice or by other courts, by judges of the District Court designated for that purpose and in accordance with special rules of procedure to be prescribed.
Definitions§
In this Law –
"administrative affairs" means affairs relating to disputes between a person and an authority;
"authority" means an authority of the State authorities, a local authority, and also other bodies and persons performing public functions by law;
"decision of an authority" means a decision of an authority in the performance of a public function by law, including the absence of a decision and also an act or omission.
Administrative Affairs Court§
Composition§
Jurisdiction of the Court§
An administrative affairs court shall hear the following –
Jurisdiction of the Jerusalem Administrative Affairs Court to Hear Matters of the Area§
"military commander" – as defined in the Security Provisions Order [Consolidated Version] (Judea and Samaria) (No. 1651), 5770-2009;
"security legislation" – any of the following:
Transfer of Hearing of Administrative Petition§
If an administrative affairs court finds, at the request of a party, the Attorney General, or on its own initiative, that an administrative petition before it raises a matter of special importance, sensitivity, or urgency, it may, after receiving the response of the parties, order the transfer of the hearing of the petition to the Supreme Court sitting as the High Court of Justice.
Amendment of Schedules§
The Minister of Justice, with the consent of the President of the Supreme Court and with the approval of the Constitution, Law and Justice Committee of the Knesset, may, by Order, amend the Schedules to this Law, including by expanding or reducing them.
Grounds, Powers and Relief§
An administrative affairs court shall hear an administrative petition and an administrative appeal in accordance with the grounds, powers and relief by which the Supreme Court sitting as the High Court of Justice hears matters, with the necessary modifications in relation to an administrative petition and in relation to an administrative appeal.
Interim Order§
An administrative affairs court may, at any stage of the proceedings, grant an interim order on such conditions as it may determine.
Registrar§
Appeal§
A judgment of an administrative affairs court, in an administrative petition and in an administrative action, is appealable before the Supreme Court.
Application for Leave to Appeal§
Implementation and Regulations§
The Minister of Justice is charged with the implementation of this Law and may make Regulations on any matter relating to its implementation, including Regulations concerning –
Application of the Courts Law§
The provisions of the Courts Law [Consolidated Version], 5744-1984, shall apply to proceedings under this Law if this Law contains no other provision in respect of the matter in question and if there is nothing in the matter in question or in its context that is inconsistent with the provisions of this Law.
Amendment of the Co-operative Societies Ordinance – No. 6§
In the Co-operative Societies Ordinance, in section 51, the numbers "9, 12" shall be deleted.
Amendment of the Municipal Taxes and Government Taxes (Exemptions) Ordinance – No. 9§
In the Municipal Taxes and Government Taxes (Exemptions) Ordinance, 1938, in section 15 –
Amendment of the Traffic Ordinance – No. 52§
In the Traffic Ordinance [New Version], in section 14f –
Amendment of the Local Authorities (Regulation of Guarding) Law – No. 3§
In the Local Authorities (Regulation of Guarding) Law, 5721-1961, after section 14 there shall come:
"Appeal
14a. A decision of the appeals committee is appealable before an administrative affairs court".
Amendment of the Local Authorities (Sewerage) Law – No. 3§
In the Local Authorities (Sewerage) Law, 5722-1962, in section 31 –
Amendment of Planning and Building Law – No. 50§
In the Planning and Building Law, 5725-1965 –
Amendment of Business Licensing Law – No. 17§
In the Business Licensing Law, 5728-1968 –
Amendment of Schools Supervision Law – No. 5§
In the Schools Supervision Law, 5729-1969, after section 14 there shall come:
"Appeal
14a. A decision of the appeals committee is subject to appeal before the administrative affairs court."
Amendment of Local Authorities (Appeal against General Property Tax Assessment) Law – No. 5§
In the Local Authorities (Appeal against General Property Tax Assessment) Law, 5736-1976 –
Amendment of Penal Law – No. 54§
In the Penal Law, 5737-1977, in section 229, instead of subsection (b) there shall come:
"(b) A person who considers himself aggrieved by an order under subsection (a) may petition the administrative affairs court for its cancellation."
Amendment of Antiquities Law – No. 2§
In the Antiquities Law, 5738-1978, after section 36 there shall come:
"Appeal 36a. A decision of the appeals committee is subject to appeal before the administrative affairs court."
Amendment of Associations Law – No. 4§
In the Associations Law, 5740-1980 –
Amendment of Courts Law – No. 27§
In the Courts Law [Consolidated Version], 5744-1984, in section 40, after paragraph (1) there shall come:
"(1a) An administrative petition, an administrative appeal and an administrative action, under the Administrative Affairs Courts Law, 5760-2000."
Amendment of Freedom of Information Law§
In the Freedom of Information Law, 5758-1998, in section 17(a), instead of "to the District Court" there shall come "to the administrative affairs court".
Amendment of Law for the Regulation of Security in Public Bodies§
In the Law for the Regulation of Security in Public Bodies, 5758-1998, in section 11 –
Commencement§
This Law shall commence on the day determined by the Minister of Justice by Order or upon the expiry of six months from the day of its publication, whichever is earlier.
Transitional Provisions§
The provisions of this Law shall not apply to a petition against a decision of an authority in a matter listed in the First Schedule, an appeal listed in the Second Schedule or an action listed in the Third Schedule, that was filed prior to its commencement.
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