سلطة القاضي الإداري بنقل عبء الإثبات من المدعي إلى الإدارة في الدعوى الإدارية

الملخص EN

The administrative lawsuit is distinguished from other lawsuits by many characteristics that make it independent of its procedures from the rest of the other lawsuits by establishing a judicial system for it that is independent of the ordinary judiciary, and therefore the legislator subjected it to the administrative judiciary where the administration is a party to it to protect the right of the individual who was harmed by the procedures and decisions of the administration.

Usually, the individual affected by the administration resorts to the administrative courts for the purpose of filing an administrative case, as it is a personal right legally established for individuals, according to which they can use the authority of the judiciary to protect their rights and freedoms from the attacks of the public administration, and therefore he has the burden of proving a mistake or failure of the administration in its work and causing it deliberately or negligently harm As a result of its decisions, this means that the first step is on his part so that the judiciary can investigate the case and search for the evidence presented against the administration.Given that the administration enjoys the privileges of the public authority, it is always the stronger party in the dispute and is a defendant, and it owns all the private papers and documents, which makes it difficult for the individual to obtain them or prove the right claimed.

, and this requires a significant positive role for the administrative judge and the powers stipulated in the laws of evidence and administrative procedures that give him the power and authority to intervene and compel the administration to respond to the requests of the court and the judge, in addition to addressing legislative cases that do not allow the administration to provide the court with papers because of its security or medical confidentiality and other reasons.corresponding to the law and incitement contrary to the law, as suspicion arises in some cases where the sham instigator exceeds rights and freedoms, and the best act of the Iraqi legislator when he did not establish a specific definition of mock.