التنظيم القانوني لرد القاضي الإداري في التشريع العراقي: دراسة مقارنة

الملخص EN

In implementation of the judge’s principle of impartiality, impartiality and his exclusion from falling into inclination and bias, the judge’s impartiality guarantees are numerous, including the organic guarantees for the organization of the judiciary, including the job guarantees for the organization of job affairs, in addition to various forms of guarantees in which the judge is prohibited from ruling in the case at the request of the parties to the case according to what is known as the judge's response the law gives litigants the right to prevent a judge from ruling a case.

based on specific reasons, and these cases guarantee the principle of (judge's impartiality) for fear that it may be disturbed as a result of pressure from those with influence, personal interest, affection or enmity, and at the same time it ensures that the judge is protected from malicious lawsuits that affect the judge’s performance of his duties due to what may happen.

abuse of this right due to the specificity of administrative disputes, and the different legal positions of the parties to the conflict.

the administration, being the permanent party in administrative disputes, with its public authority privileges, emphasizes the necessity of laying down the legal provisions for the administrative judge's response, lest the administrative judge be affected by the impartiality.