إشكالية تنفيذ الأحكام الإدارية و ضرورة الإصلاح التشريعي في العراق و إقليم كوردستان-العراق : دراسة تحليلية مقارنة

الملخص EN

The administration's failure to implement and respect the administrative award (decision) which is issued against it, is one of the most important issues raised in administrative law; it affects the prestige of the administrative judiciary and causes damage to the convicted person.

In spite of the availability of some legal tools in the legal system in Iraq and the Kurdistan Region to ensure the implementation of administrative award against the administration, such as file a lawsuit to abolish the administration's failure to implement the civil, criminal and disciplinary liability of the employees who in from implementation; practical applications proved the weakness of these tools to urge the administration to implement.

In the light of criticism of jurisprudence of the approach taken by the legal system and the administrative judge not to direct orders to the administration in order to implement a particular award, various legislative reforms were conducted, specifically in France, through which the administrative judge was given the power to order the administration and the possibility of imposing an intimidating fine.

This paper will shed light on various aspects depending on the analytical and comparative approach.

The paper has been divided into two chapters; in the first chapter, the legal framework for the implementation of the administrative provisions and its forms will be discussed through two sections.

In the second chapter, the safeguards of implementing the administrative provisions and the necessity of conducting the legislative reforms in the Iraqi and Kurdish legal system will be indicated.

It will be concluded by reaching the most important conclusions and making some recommendation.