دور القاضي الإداري في حماية العملية الانتخابية في ليبيا

أ. زهرة عبدالله ناجي

doi:10.58916/alhaq.v12i1.284

Authors

Zahra Abdullah Naji Department of Public Law, Faculty of Law, Sidra Gulf University, Sidra Gulf, Libya Author

DOI:

https://doi.org/10.58916/alhaq.v12i1.284

Keywords:

Appeals, elections, administrative judge, decisions, oversight.

Abstract

This research examines the role of the administrative judge in ensuring the integrity of the electoral process through their oversight of its various stages, from the call for elections, nominations, voting, and counting, all the way to the announcement of the results. It focuses on judicial oversight of preparatory activities such as the division of electoral districts, the invitation and registration of voters, and objections to electoral lists.

In some countries, the role of judicial oversight is assigned to the administrative judiciary, as in France, while in other countries, this task lies with the ordinary judiciary. In Libya, the High National Elections Commission is responsible for issuing decisions related to the elections, while the administrative judge is responsible for adjudicating disputes related to them.

Following the elections, the administrative judge is responsible for adjudicating appeals related to voting procedures and election results, such as appeals against candidates, fraud, or errors in the vote count.

Thus, the administrative judge constitutes an essential element in maintaining the integrity of the electoral process through judicial oversight and adjudicating appeals related to electoral decisions

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Author Biography

Zahra Abdullah Naji, Department of Public Law, Faculty of Law, Sidra Gulf University, Sidra Gulf, Libya

Name: Zahra Abdullah Naji Nasr
Birthdate: November 2, 1977, Sirte
Position: Faculty Member
University: Gulf of Sidra
Major: Law
Department: General
Phone: 0911726038
Email: zahra.abdullah@gsu.edu.ly

Second: Academic Qualifications
▪ Bachelor of Laws from the Faculty of Law, Sirte University, 1998-1999 academic year
▪ Master of Public Law from Sirte University, 2008-2009 academic year
▪ Completed courses in autism rehabilitation provided by the Rushd Arab Academy for Training and Coaching. ▪ Received a training diploma in leadership preparation and qualification under the supervision of the International Training and Consulting Company in cooperation with the Libyan Center for Leadership Preparation and Qualification in 2023.
▪ Received a diploma in leadership from the Lancaster International Academy in the United Kingdom in 2023.
▪ A doctoral student in the Law Department at the Libyan Academy for Postgraduate Studies.

Third: Work Experience
▪ Worked as a legal advisor from 2001-2002 at the Ouagadougou Halls Complex.
▪ Head of the Personnel Affairs Unit at the Ouagadougou Halls Complex from 2002-2003.
▪ Member of several administrative committees responsible for settling the employment and administrative status of employees within the agency.
▪ Legal advisor in the Legal Department of the General Company for Administrative Centers Services from 2012 to 2019.
▪ Member of the Personnel Affairs Committee of the General Company for Administrative Center Services
▪ Faculty member at the Institute of Comprehensive Professions, Bin Jawad
▪ Faculty member at the College of Law, Sidra Gulf University, from 2018 to 2022
▪ Faculty member at the College of Law, International Peace University.
▪ Practical experience in training and rehabilitating children with autism, as I am the mother of two children with autism.
▪ Human rights activist in the field of raising awareness of the rights of people with special needs.
▪ Director of the Legal Office at Bouhadi Rural Hospital, 2025.
▪ Legal Advisor at the Sirte Free Zone, 2025.
Fourth: Seminars and Workshops
1. Participation in a workshop on presidential and legislative elections, organized by the Faculty of Law, University of Sirte, on November 10, 2021.
2. Participation in a workshop on elections, organized by the Sirte Your Voice Foundation, on November 31, 2021.
3. Participation in a workshop on the Local Administration Law in the Sirte Municipality, on March 22, 2022.
4. Attending a workshop at the Libyan Academy for Graduate Studies entitled "The Research Paper Between Acceptance and Rejection," sponsored by the Libyan Authority for Scientific Research and in cooperation with the Libyan Society for Research and Studies, on October 28, 2023.
Fifth: Conference Participation
▪ Participated in the Second International Conference held at Sidra Gulf University from December 14-15, 2021, entitled "Requirements for Real Development in Libya." My presentation was titled "Judicial Reform: An Introduction to Supporting Development in Libya."
▪ Participated in the scientific conference organized by the College of Sharia and Law - Zliten at Al-Asmariya University, entitled "Combating Corruption in Libya from a Legislative Perspective." My presentation was titled:
The Effectiveness of Administrative Oversight in Combating Corruption in Libya.
▪ Participation in the First International Scientific Conference for Persons with Disabilities, sponsored by the General Authority for the Social Solidarity Fund, entitled "The Social Solidarity Fund and Logistics Services for Persons with Disabilities: Between Reality and Aspirations." My participation was titled "The Possibility of Integrating Autistic Children into Public Schools from a Mother's Perspective."
▪ Participation in the First Early Childhood Conference, held under the auspices of the Supreme Committee for Childhood on November 20-21, 2022, under the theme "Early Childhood: The Path to Building Generations." My participation was titled "The Extent of Ensuring the Right to Education for Autistic Children."
▪ Participation in the First Scientific Forum on Autism Disorder, sponsored by the Ministry of Social Affairs, held on December 20-21, 2022, under the theme "Autism Spectrum Disorder: Reality, Experiences, and Finances." My participation was titled "The Role of the Family in Early Intervention as a Key Approach to Dealing with Autistic Children."
▪ Participation in the Fifth Conference of the Faculty of Law, University of Sirte, entitled "Legislation Regulating Investments in Libya: Reality and Difficulties," on May 10, 2023. My participation was titled "The Legal System of the General Authority for Investment and Privatization Affairs in Libya.
▪ Participated in the annual conference of the Faculty of Law, Misurata University, entitled "The Rule of Law in Libya - Challenges and Solutions," held on September 9 and 10, 2023. My presentation was titled "The Powers of the Modern Administrative Judge to Compel the Administration to Implement His Rulings."

References

First: Books.

• Ahmed Saeed Bin Youssef, Election Law and Judicial Practices, Al-Abuth Press, 2020

• Raafat Fouda, Constitutional Balances of the President's Exceptional Powers in the 1971 Constitution, Dar Al-Nahda Al-Arabiya, Cairo, 1998

• Saeed Al-Bahri, Elections and Judicial Oversight, Supreme Court Publications, 2021

• Suleiman Al-Ghuwail, Elections and Democracy, Graduate Studies Academy Publications, 1st ed., Tripoli, 2003

• Sabry Al-Sanousi, Jurisdiction to Adjudicate on the Validity of Parliamentary Membership and the Limits of the Jurisdiction of the People's Assembly, Cairo, Dar Al-Nahda Al-Arabiya, 2000

• Abdullah Al-Qawsi, Electoral Disputes in the Administrative Judiciary, Tripoli, 2021

• Abdullah Shahata Al-Shaqani, The Principle of Judicial Oversight of General Voting: Presidential, Legislative, and Local Elections: A Comparative Study, Dar Al-Fikr Al-Jami'i, Alexandria, 2005

• Muhammad bin Makram bin Ali, Abu Al-Fadl, Jamal Al-Din Ibn Manzur Al-Ansari Al-Ruwaifi Al-Ifriqi Lisan al-Arab, Dar Sader - Beirut, Third Edition - 1414 AH

• Mansour Milad Younis, A Concise Guide to Libyan Electoral Law, Benghazi, National Library, 2022.

• Younis Ali Muhammad, Administrative Judiciary in Elections, Benghazi, 2020.

Second: Theses

• Ahmed Jumaa Saeed Sarir, Referendum as a Means of Participation in Public Affairs, The Academic Journal, a peer-reviewed scientific journal published by the University of Africa, Issue 2, 2024.

• Jawaher Muhammad Khalaf, Monitoring Local Council Elections in Jordanian Law, Master's Thesis, Faculty of Law, Al al-Bayt University, Amman, Jordan, 2024.

• Khaled Muhammad Nasr Bin Dala, Fair Elections and Their Role in Combating Corruption: Libya as a Model, Master's Thesis, Faculty of Law, University of Benghazi, 2018.

• Zain Nasser Al-Kharinj, Electoral Appeals in the Legislative Elections: A Comparative Study, Master's Thesis, Fayoum University, 2019.

• Suad Al-Eid, Monitoring the Electoral Process (Local Elections) (Example), Master’s thesis, Faculty of Law and Political Science, University of Mohamed Khider, Biskra, 2011-2012. • Taha Al-Koni Al-Mukhtar Maayouf, Reforming the Administrative Apparatus of the Libyan State: Obstacles and Implementation Mechanisms, Dalalat Magazine, Tobruk University, 2022.

• Azza Kamel Al-Maqhour, Electoral Appeals in Libyan Legislation: Text, Reality, and Evaluation, published research, University of Tripoli, Faculty of Law, 2014.

• Al-Awfi Rabie, Electoral Disputes, Master's Thesis, University of Tlemcen, Algeria, 2008.

• Fathallah Muhammad Haddin, International Monitoring of Elections and the Requirements of Democracy, Al-Haq Magazine, published by the Faculty of Law, Bashir Walid University, Libya, Issue 12, 2023.

• Qara Zakia, The Role of the Administrative Judge in Monitoring the Electoral Process, Master's Thesis, Faculty of Law, University of Algiers, 2017.

• Mustafa Mahmoud Muhammad Shaheen, Guarantees of the Integrity of the Electoral Process: A Comparative Study, PhD Thesis, Faculty of Law, Alexandria University, 2021.

Third: Articles and Journals

• Ahmed Al-Juhaimi, "Appealing Committee Decisions" Electoral Law," Journal of Legal Studies, Issue 6, 2022

• Khaled Mohammed Nasr Bin Dala, "Fair Elections and Their Role in Combating Corruption: Libya as a Model," Al-Haq Magazine, Faculty of Law, University of Bani Walid, Libya, Issue (13), June 2024

• Suleiman Al-Ghuwail, "Elections and Democracy: A Comparative Legal Study," Publications of the Academy of Graduate Studies, Libya, 2003

• Saleh Ahmed Al-Farjani, "The Electoral Process in Libya: Legal Problems and Proposed Solutions," Al-Jami Magazine, General Syndicate of University Faculty Members, Issue (39), Spring 2024

• Azza Kamel Al-Maqhour. Electoral Appeals in Libyan Legislation: Text, Reality, and Evaluation. Published research, University of Tripoli, Faculty of Law, 2014

• Muhammad Abdul Raouf, "Reviewing the Mechanisms for Appealing Election Results," Legal Affairs Journal, Issue 15, 2023

Fourth: Information Networks

• Haifa Abdul Mawla, The Role of the Administrative Judge in Electoral Disputes, research available at the following link: https://www.mj-lr.com, accessed January 19, 2024.

• Othman Saeed Al-Muhaishi, The Legal Basis for Electoral Appeals, article available at the following link: https://www.chatdoc.com, accessed January 17, 2024.

Fifth: Legislation

• Law Nos. 1 and 2 regarding the Election of the President of State and the House of Representatives, issued in 2021.

• Law No. 28 of 2023 regarding the Election of the President of State.

• Law No. 27 of 2023 regarding the Election of the National Assembly.

• All regulations issued by the High National Elections Commission