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Principles and rules of law from decided cases
ADMINISTRATIVE ACTION No. 18 - VII Principles of Law
Decided on 30 November 1963 1. Where the applicant is a natural person, his
application may contain only the data required under
Subject matter: Art: 6 (para. 1) of Law No. 11/1959. The date of
submission of the application shal) be the commence-
Press. Suspension of a newspaper. ment of the term of sixty days provided for under
Impounding of numbers published. the Law. If the administration requires additional
data or documents, they may communicate their re-
Principles of Law quirement to the applicant and no effect shall thereby
befall the date of submission of the application.
1. Article 34 of Press Law No. 11 amended by
the Decree dated 14 October, 1959, provides that a "2. Where, after the period of sixty days, the
newspaper shall be suspended by decision of the director of the press issues a decision denying an
Executive Council after approval of the Cabinet Coun- application for a licence, his decision shall be a nul-
cil where it publishes any incitement against the lity and the applicant shall, by the rule of law, be
peace, security or sovereignty of the State. entitled to publish his newspaper.
2. The suspension decision is not conditional 3. A legal action may lie if, at the time of in-
itiation thereof, the petitioner has some interest
upon impounding of the newspaper numbers and therein. Where through some amendment of the
arraignment of the newspaper proprietor since a Law and in the course of hearing the action this in-
suspension decision is one thing and impounding of a terest ceases to exist the admissibility of the action
newspaper's numbers is another. All that the Law shall not be affected since an action for v'cation of
requires for suspension of a newspaper is publication an administrative decision serves two objectives,
by it of material amounting to incitement against the namely: the petitioner's own private interest, and the
State's peace or security. public interest which is inherent in the defence of
legality and the guidance of the administration to
ADMINISTRATIVE ACTION No. 11 - VII public good.
Decided on 14 December 1963 ADMINISTRATIVE ACTION No. 9 - VIII
Subject matter: Application for licence. The Decided on 14 December 1963
term of 60 days provided for
under Article 6. Subject matter:
- Legal action against an adminis- Press. Qualifications for publication
trative decision may lie only under Press Law No. 11 of 1959.
where its vacation bolds some
interest for petitioner.
