2024, Vol. 4, Issue 1, Part B
The administrative courts and the absence of comprehensive formation in Iraqi law: A comparative study
Author(s): Dr. Amjed Mezher Ahmed, Dr. Gailan Ahmed Khalaf and Wijdan Risan Hussien
Abstract: A legally exercising Council of State or State Consultative Council of courts underpins administrative justice. Both councils legitimately establish administrative courts and administer state administrative justice.The State Consultative Council and its courts are vital to comparing legislation for administrative justice. Councils and courts administer justice. Similar law describes these councils' structure, functions, and jurisdictions within the court's organizational framework. Iraq lacks an administrative justice system to resolve administrative disputes at all levels. Iraq's administrative judiciary confronts organizational and legislative issues after legislative reform. Unlike comparable legislation, administrative courts lack a comprehensive structure, generating gaps in their operation. Keeping judges' promises, the Iraqi Council of State administers administrative justice within legal limits. State Consultative Council has judicial and consultative branches. Higher courts review administrative court decisions. Plaintiffs can appeal Iraqi administrative judiciary verdicts as they are first instance. Higher courts can hear administrative judicial decisions. Similar to conventional appellate courts, the State Consultative Council General Board hears Administrative Court and GDC appeals. Iraq's Fifth Amendment Law created the Supreme Administrative Court. To protect legal process and citizen rights, the Supreme Administrative Court hears Administrative Court and Employees Judiciary verdict appeals. Thus, appellate courts with secondary jurisdiction and extensive dispute review are necessary to increase judicial efficiency and protect personal rights. Implement Article 7/First of the Fifth Amendment Law to Iraqi Council of State Law No. 17 of 2013 to streamline administrative and employee judicial tribunal matters in all provinces. State commissioners in the Iraqi Council of State can prepare and facilitate administrative actions under identical law.
Pages: 132-137 | Views: 844 | Downloads: 541Download Full Article: Click Here
How to cite this article:
Dr. Amjed Mezher Ahmed, Dr. Gailan Ahmed Khalaf, Wijdan Risan Hussien. The administrative courts and the absence of comprehensive formation in Iraqi law: A comparative study. Int J Civ Law Legal Res 2024;4(1):132-137.