Administrative Litigation in Lawsuits Related to Administrative Decisions

Abstract

The importance of administrative dispute is related to administrative decisions, as the latter poses the most important means for the administrative authority to perform its duties and provide public services. Given the frequent state intervention in public affairs and its regulation of the multiple aspects of individuals’ private lives through administrative decisions, numerous disputes may arise between the administration and individuals or other persons of public law. However, due to the ambiguity surrounding the term administrative dispute as legislative relevant statements are lacking, particularly concerning its concept and criterion for its distinction from the rest of disputes, as well as concerning the administrative dispute parties and its elements, the research study this subject through two topics, the first addresses the concept of administrative dispute and its characteristics, while the second deals with the persons of administrative dispute. The study concludes that administrative disputes may arise between an administrative authority and a private law person, or between two administrative parties, and administrative judges enjoy a broad competence in these types of disputes to rebalance the relation between both dispute parties. It also reached several recommendations which enhance the procedural aspects of administrative disputes when taking them into account, particularly in Iraq and the Kurdistan Region.