The effectiveness of civil service court rulings on the administrative organization associated with the ratification of ordinary court judgments in iraqi law

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 .

DOI : 10.7176/JLPG/89-23 Publication date :September 30 th 2019 1. Introduction 1.1 The importance of study The judicial verdict may not be suspended except by the Court of Appeal. If the verdict is issued by the highest judicial body such as the Supreme Administrative Court in Jordan or in Egypt, it shall be enforceable. The sovereignty of the State whose entity and sovereignty derives from the judicial authority that adjudicates disputes shall be exercised by the State. This is confirmed by the text of article 50 of the Egyptian Council of State Law No. 47 of 1972, which stipulates that “Appeal before the Supreme Administrative Courts shall not suspend the execution of the contested judgment unless the Appeals Examination Chamber has ordered otherwise. Judgments issued by administrative courts shall be suspended unless the court orders otherwise. In the same vein, Article 28 of the Jordanian Administrative Judiciary Law No. 27 of 2014 stipulates that “Appeal before the Supreme Administrative Court shall not suspend the execution of the contested judgment unless the court orders otherwise that). This study dealt with a very important topic related to the judicial authority competent to consider the problems of implementing the judgments issued against the administration in case the administration refuses to implement them, in the light of the inability of the administrative judge to interfere in the work of the administration pursuant to the principle of separation of powers that prevents administrative interference in The work of the administration or its replacement. There is no doubt that the administration's failure to implement judicial rulings is a violation of this principle and constitutes a prejudice to the power of the judiciary as a constitutional institution, as well as a violation of the democratic approach of States, as the amount of respect for states is determined by the extent of respect for the judiciary. Moreover, the administration's failure to implement the judgments constitutes a dangerous precedent that destroys the principle of legality so that it loses its historical and sovereign value unless the administration respects its content, elements and sources. 1.2 The limits of the study The limits of the study in this research are to determine the court competent to hear these problems and the extent of the limits of the jurisdiction of the administrative judiciary in general to consider the problems of implementation in both Jordan and Egypt and to remove the confusion between the problems in implementation and suspension of execution from the Court of Appeal exploring the position of legislation and jurisprudence and administrative judiciary in both countries in an analytical study And in-depth following the descriptive, analytical and applied approach. However, it will be beyond the limits of this study to go into the justification for the failure of the administration to implement and the reasons for the abstinence and responsibility resulting from this abstinence, civil and administrative, although we will only refer to it as a preliminary introduction for the purpose of understanding the subject of this study in all its aspects.

The Concept of Public Services and Their Types

This research examines the role of the administrative judiciary in Iraq in overseeing the competence requirement in public office. The importance of this topic stems from its impact on promoting equality, equal opportunity, and efficiency in public service, especially as the Iraqi Constitution affirms equal opportunity in public employment. The study employs a descriptive-analytical approach and a comparative method, examining the Iraqi legal framework and administrative court decisions on the competence requirement and comparing them with other legal systems to highlight strengths and weaknesses in Iraqi legislation . To achieve the objectives of this research and address its problem, a complex scientific methodology will be adopted that combines multiple research methods. The analytical approach will be present through analyzing relevant Iraqi constitutional texts and laws regulating the conditions for appointment to public positions, most notably those articles that emphasize the principle of competence and equal opportunity. The analysis also includes a study of the rulings and decisions of the Iraqi administrative judiciary that addressed appointment disputes and the extent to which the competency requirement was met. Furthermore, a descriptive approach will be adopted to describe the reality of administrative judiciary oversight in Iraq over appointment decisions. This will be achieved by reviewing the mechanisms for judicial appeals against civil service decisions and how the Administrative Court reviews the competency requirement and verifies its presence or absence in cases brought before it. By integrating these methods,

The article concerns the administrative judiciary in Poland. Firstly, the Author discusses the legal bases (in particular, the constitutional bases) and the scope of competence of Polish administrative courts, that is to say the ‘voivodeship’ administrative courts (courts of first instance) and the Supreme Administrative Court (court of second instance). Administrative courts in Poland are, in general, the “courts of cassation”, which means they may only control the legality of administrative decisions and may not determine the state of facts, nor replace administrative decisions by their judgments. Administrative courts are vested with the competence to apply the Constitution and they actively cooperate with the Constitutional Tribunal (in particular, by addressing ‘questions of law’ to the Tribunal). Secondly, the Author presents the scope of competence of the Commercial and Financial Chambers of the Supreme Administrative Court and considers selected legal problems in the administrative courts’ jurisprudence in commercial and financial cases.

Purpose: The study aimed to identify the extent of the validity of the Palestinian legislator in introducing the claim for compensation for illegal administrative decisions into the reality of the Palestinian administrative judiciary, and to infer the weaknesses contained in the decision-law on Palestinian administrative courts No. (41) of 2020. Methodology: The researcher used the comparative analytical inductive approach in the study by analyzing the induction of the texts of the decision-law on administrative courts in force, the rulings of administrative courts, and analyzing them. Due to the novelty of the Palestinian experience in the field of compensation judiciary, a comparison was made with the Algerian legal system. Findings: The study concluded that there is no specialized administrative judiciary in Palestine, especially in the field of compensation lawsuits, in addition to not specifying the date of the compensation lawsuit, and not specifying the authority of the ruling body in this lawsuit, especially in determining the compensation and its nature. Recommendations: The study recommends the necessity of amending the decision-law on administrative courts, to allow the filing of a claim for compensation for illegal administrative decisions independently of the annulment lawsuit. It also recommends working to establish specialized judiciary, and that all judges in administrative courts be specialized in administrative judiciary and have sufficient experience in the field of compensation lawsuits, like what is followed in Algeria. In addition, the study recommends that the legislator should stipulate in its provisions the possibility of filing a compensation claim at any time without it being subject to a statute of limitations, to ensure the guarantees of individuals. It also recommends that the legislator should specify the procedures for this claim, and the powers of the governing body, especially in the field of determining compensation and its nature. الهدف: هدفت الدراسة إلى التعرف على مدى وجاهة المشرع الفلسطيني في إدخال دعوى التعويض عن القرارات الإدارية غير المشروعة إلى واقع القضاء الإداري الفلسطيني، والاستدلال على نقاط الضعف الواردة في القرار بقانون بشأن المحاكم الإدارية الفلسطيني رقم (41) لسنة 2020. المنهج: استخدم الباحث في الدراسة المنهج الاستقرائي التحليلي المقارن من خلال تحليل استقراء نصوص القرار بقانون بشأن المحاكم الإدارية الساري، وأحكام المحاكم الإدارية، وتحليلها. ولحداثة التجربة الفلسطينية في مجال قضاء التعويض تمت المقارنة مع النظام القانوني الجزائري. النتائج: خلصت الدراسة إلى عدم وجود قضاء إداري متخصص في فلسطين خاصة في مجال دعوى التعويض، بالإضافة إلى عدم تحديد ميعاد دعوى التعويض، وعدم تحديد صلاحية الهيئة الحاكمة في هذه الدعوى خاصة في تحديد التعويض وطبيعته. التوصيات: توصي الدراسة بضرورة تعديل القرار بقانون بشأن المحاكم الإدارية، ليسمح برفع دعوى التعويض عن القرارات الإدارية غير المشروعة بشكل مستقل عن دعوى الإلغاء. كما توصي بالعمل على تكريس القضاء المتخصص، وأن يكون كافة القضاة في المحاكم الإدارية مختصين في القضاء الإداري، ولديهم خبرة كافية في مجال دعاوى التعويض أسوة بما هو متبع في الجزائر. إضافة إلى ذلك، توصي الدراسة بأن ينص المشرع في ظل أحكامه على إمكانية رفع دعوى التعويض في أي وقت كان دون خضوعها للتقادم تحقيقاً لضمانات الأفراد، وكما توصي أيضاً بضرورة تحديد إجراءات هذه الدعوى من قبل المشرع، وصلاحيات الهيئة الحاكمة خاصة في مجال تحديد التعويض، وطبيعته.

The book presets Polish administrative judiciary as part of institutional environment of the economy. Polish administrative judiciary system, tasked with controlling the legality of the public administration activities, took its current form in 2004. It contain 16 first instance courts and the Supreme Administrative Court. Contrary to the ordinary judiciary in Poland, this system is managed by the judge - the President of the SAC – not the Minister of Justice. The book blends multiple approaches – from first-hand historical account of the creation and reforms of the administrative courts system, through quantitative analysis of its performance to the qualitative analysis of the court verdicts trends, including the dialogue of administrative courts with domestic Constitutional Tribunal and the Court of Justice of the European Union. Authors of the chapters include Supreme Administrative Court judges, scholars and practicing lawyers.

The article deals with the current change in the concept of a cassation complaint filed with the Supreme Administrative Court of the Czech Republic. The Supreme Administrative Court’s core activity is deciding on cassation complaints. They challenge previous final decisions of regional courts in the administrative judiciary. An amendment was adopted in February 2021. Since April 2021, it has been introducing (or rather substantially expanding) a certain “filter” of cassation complaints. This “filter” consists of restricting access to the Supreme Administrative Court, aimed at reducing the Supreme Administrative Court’s workload through cassation complaints. The essence of this “filter” is that it will be easier for the Supreme Administrative Court to reject a cassation complaint without dealing with it on the merits and in detail. The article briefly describes the realities of the Czech administrative judiciary and the reasons that led to this relatively controversial solution. The key reason was the growing number of cassation complaints and the related length of proceedings before the Supreme Administrative Court. The paper focuses on the analysis of the new legislation and an evaluation of the advantages and disadvantages it brings.

The purpose of this study is to determine the jurisdiction to hear counterfeiting appeals if raised before administrative courts in Jordan, By comparing the position of the administrative judiciary in Jordan with that of the French and Egyptian administrative judiciary, Indicate whether the jurisdiction of the court in question is discretionary or restricted. The statement of the legal nature of this appeal and the position of jurisprudence and administrative judiciary on this nature.The results of the study showed that both the French and Egyptian administrative courts have admitted to themselves the power to consider the case of filing an appeal against forgery before the administrative courts, considering that the challenge of forgery is a sub-payment of the original judge. This was confirmed by the French State Council and the Egyptian State Council through the rulings of their administrative courts. One of the most important recommendations of the study was that the Jordanian administrative judiciary, especially after the issuance of the current administrative judiciary law, which came in response to the constitutional amendments scheduled in 2011, following the conduct of the French and Egyptian administrative judges, considering the impeachment of fraud by the original judge as a subsidiary payment to the original judge. Keywords: Forgery, administrative jurisdiction, legal nature. DOI : 10.7176/JLPG/93-10 Publication date: January 31 st 2020

A conflict occurs between two or more courts, such as the conflict that occurs between the ordinary judiciary and the administrative judiciary in countries that adopt a dual judicial system. All or some of the courts refuse to consider the case, claiming that it is not within their jurisdiction, so they refer it to another court, or each court maintains its jurisdiction to consider the case. In this case, the competent authority must be determined from among the judicial authorities or bodies with judicial jurisdiction. The Iraqi legislator adopted this principle by Law No. (106) of 1989, the second amendment to the Council of State Law No. (65) of 1979, and the federal system adopted it by virtue of the Law of Administration of the State for the Transitional Period in 2004 and the Permanent Constitution of 2005, due to the possibility of a conflict of jurisdiction occurring between the ordinary judiciary and the administrative judiciary. This article aims to define this conflict and its application in the event that a conflict of jurisdiction occurs between the Federal Supreme Court and the Administrative Judiciary Court in appealing administrative decisions in Iraq.

حماية البيئة | الجمعيات البيئية | القضاء الإداري | المحاكم الإدارية | مجلس الدولة | دعوى الإلغاء | دعوى التعويض أو القضاء الكامل | الشروط العامة لقبول الدعوى | الشروط الخاصة لقبول الدعوى | التفويض الكتابي | Protection of the Environment | Environmental Associations | Administrative Judiciary | Administrative Courts | State Council | Abolition Case | Compensation or Full Judgment Case | General Conditions for Acceptance of Claim

This research paper examines the evolution of administrative judiciary structures in Algeria from 1962 to 2022 (over 60 years); since its independence, Algeria has adopted a system of dual jurisdiction, with the structures of the administrative judiciary gradually evolving thereafter; Algeria maintained the three major administrative courts established by the French administration initially; furthermore, following the issuance of the judicial organization law of 1965, administrative chambers were established at the level of judicial councils, and an administrative chamber at the level of the Supreme Council, currently the Supreme Court. In this regard, the 1996 constitution represents a crucial turning point in the development of the Algerian administrative judiciary, establishing the Council of State, administrative courts, and the Court of Conflicts in its Article 152, subsequently, the promulgation of the Code of Civil and Administrative Procedures in 2008 affirmed the independence of administrative lawsuit procedures from ordinary lawsuit procedures; moreover, six administrative appellate courts were recently established (2022) to strengthen the principle of litigation at two levels in administrative matters. The study reached several conclusions, most notably that the establishment of the six (06) administrative appellate courts in Algiers, Oran, Constantine, Ouargla, Tamanrasset, and Bechar embodies the principle of litigation at two levels in administrative matters, furthermore, the new reforms suggest that the Algerian legislator is moving towards electronic litigation by approving the possibility of electronic processing of lawsuit filing procedures, as stipulated in the new Article 815 of Law No. 22- 13, amending and supplementing the Code of Civil and Administrative Procedures: «A lawsuit is filed before the administrative court by a paper or electronic request»; in 2022, the Algerian administrative judiciary achieved a qualitative accomplishment by establishing administrative appellate courts, thus completing all its judicial structures at all levels (administrative courts, administrative appellate courts, Council of State), in addition to amending the Code of Civil and Administrative Procedures, and amending Law No. 98-02 related to the Council of State.

The successive impact of administrative law and administrative justice, their multiple correlations and mutual intertwining, is best reflected in the legal protection provided within the framework of administrative judicial procedure. Thus, the provision of extraordinary administrative court protection (as one and the only devolutive type of extraordinary legal remedy in administrative procedure) is preconditioned by exhausting the appeal as a regular legal remedy in administrative procedure. Starting from the thesis on the integral nature of administrative law and administrative court protection, the author discusses how the existence of a regular legal remedy, or the position of judicial practice on the (non)existence of appeal in the regular administrative judicial procedure, affects the party's opportunity to protect itself by filing a request for an extraordinary review of the administrative court decision, envisaged in Article 49 of the Administrative Disputes Act (ADA) as an extraordinary legal remedy. The Administrative Disputes Act (ADA) envisages three types of situations in which the injured party may file a request for an extraordinary review of the judicial decision rendered by the Administrative Court. One of them refers to "the subject matter which excludes the possibility of filing an appeal in the course of administrative procedure". Given that the current General Administrative Procedure Act (GAPA) envisages the possibility of filing an appeal and an objection as regular legal protection instruments, there is a question of the legal relevance of objection in terms of the admissibility of using the request for an extraordinary review of the Administrative Court decision. Can the objection be considered a regular legal remedy in administrative proceedings? If the answer is positive, the request under the ADA will be rejected, which further implies that the injured party will be deprived of legal protection. If the reply is negative, it would provide for a wider application of this request in practice. In practical terms, the position on this issue has a far broader scope and significance. Depending on the way of approaching the presented issues, taking one or the other position has a substantially different impact on the forthcoming reform of the administrative court protection system, particularly in terms of introducing the second-instance (appellate) administrative judiciary.

This paper takes a critical look at how the Administrative Courts in Iraq have exercised their judicial authority over administrative decisions. The main objective is to examine through constitutional provisions, statutory frameworks, and comparative jurisprudence what the structural development of administrative adjudication within Iraq has been from the monarchial period until present day (through late 2003), and to do so by examining the State Council (Majlis al-Dawla) and the Administrative Judiciary of the State Council and its power to review executive actions, as well as how these two institutions have addressed unlawful actions (ultra vires), procedural irregularities, and violations of the rule of law. In particular, it is intended to identify the systemic limitations associated with interference from the Executive Branch, a lack of independence within the Judiciary, fragmentation of the legislative framework, and gaps in enforcing the jurisdiction of administrative courts that hinder efforts to achieve the normative objectives inherent to judicial review. By making a comparative analysis of Iraq's Administrative Court with that of Egypt, France, and Jordan, the paper proposes a host of reforms that would enhance the independence, jurisdiction and enforcement abilities of administrative courts within Iraq. The results of this analysis support ongoing academic discussions concerning the rule of law, separation of powers, and administrative accountability in post conflict legal systems.

is study deals with clarifying the issue of (proportionality or suitability) administrative decisions and the possibility of supervising the administrative judiciary on administrative decisions in terms of proportionality, through an analytical comparative study between the French, the Egyptian and the Iraqi at the jurisprudential and judicial level. The practical importance of this topic lies in knowing the modern role that the administrative judge plays in the area of ​​his control over administrative decisions that went beyond the abstract control of the internal project, which was stopped at the limit of the control of the legal adaptation of facts towards the element of cause - as this control went beyond the control of the administration’s assessment of the importance of Realistic reasons and an assessment of the proportionality between their importance and seriousness and the action taken in their regard. The purpose of this study is to clarify the concept of proportionality control in the administrative judiciary, to clarify the issue of the contradiction between discretionary authority and proportionality, between separation of powers and proportionality, and to clarify the position of the judiciary and administrative jurisprudence on the control of proportionality in the administrative judiciary, to clarify the comparative jurisprudential trends from monitoring proportionality in the administrative judiciary And to clarify the limits of control over the cause of the administrative decision and the authority of the judge between legality and suitability