Formation of the Supreme Administrative Court in the Egyptian and Iraqi laws to form the Supreme Administrative Court in the Egyptian and Iraqi laws

Abstract

Iraq has become the states of dual judicial system issuance of Law No. 106 of 1989, a second amendment to the law of the State Consultative Council No. (65) of 1979, as was the establishment of the Administrative Court in the capital, Baghdad, but minor glitches for the establishment of legal rules this the court jurisdictions decreases and bugs, remained single unique exercise jurisdiction in the resolution of administrative disputes between the administration and individuals as well as public discipline Council His span long to resolve administrative disputes between management and employees, and then the formations that the judiciary continued to suffer duplication and overlap between being a judicial body, and the fact that State Consultative Council affiliated to the Ministry of Justice, which is not part of the executive branch Ttjze, so we did not find sufficient independence of the judiciary in the face of the executive branch. It also does not eliminate the specialized Supreme Court in the eyes of the appeals addressed to the discriminatory provisions, but there was a general non-specialized board holds the resolution of these appeals. We have remedied the legislator to Iraq late this imbalance partly through the Fifth Amendment to the law of the State Consultative Council No. (17) for the year (2013) it was whereby the expansion of the formations of the State Consultative Council, and among which was the establishment of the Supreme Administrative Court, and the establishment of other courts administrative courts in the provinces other Iraq, as well as the establishment of tribunals to spend staff rather than discipline General Council. The problem of the research show the absence or scarcity of specialized in this regard, legal studies, and the recent formation of this court requires us to go into the midst of this topic to publicly remind the legislator some notes which require amendment of the law or canceled. The importance of this study lies in the need to study the formation of the Supreme Administrative Court in Iraqi law due to the recent formation, and for being the highest point of administrative justice in offline Iraqi law, perform functions serious and important on the one hand, as well as the need to compare the formation of this Court with its counterpart in the Egyptian law with a long history in this area, to indicate the most important notes in the formation and release Tawfiq Iraqi legislature whether or not to do so. The researcher objectives of this study appear in trying to analyze the formation of the Supreme Administrative Court in its own texts in the Council of State Act, all the way to provide assistance to the legislature and the judiciary and jurisprudence in the construction of the pillars of an independent administrative spend and build, as well as provide the Iraqi legal library research modest perhaps be useful the researchers and specialists in this regard. The scope of the research study will be the basis of Iraqi law compared with Egyptian law, the legal system being close to our legal system, all while not neglecting the study of the French administrative court, to take advantage of them in the promotion of the administrative structure of the Iraqi judiciary. And we will adopt in the study of this subject on the analytical and comparative approaches, because they are two approaches righteous and wanted to demonstrate the efficacy of the texts that came by the legislature in the State Consultative Council Law or not, and compared their counterparts in the Egyptian Council of State law. The study plan Fsnksmha - God willing - on two sections: the first for the formation of the Supreme Administrative Court in the Egyptian law, and will include two demands: First we will discuss the President of the Supreme Administrative Court in Egyptian law and its members. The second will examine the Supreme Administrative Court circles in Egyptian law. The second topic: it will be for the formation of the Supreme Administrative Court in Iraqi law, and will consist of two demands: First: We will discuss the President of the Supreme Administrative Court in Iraqi law. The second: We will look at the members of the Supreme Administrative Court in Iraqi law .