شرط المصلحة في دعوى إلغاء القرارات الصادرة عن لجنة تجميد اموال الإرهابيين

الملخص EN

The juries and administrative judiciary considered the interest in the field of litigation as an essential element of accepting the lawsuit to cancel the administrate decisions.

Many legal jurists believe that interest is the criterion for the case, so the lawsuit is not accepted without realizing the interest, to cut off the path for the interest plaintiffs in malicious cases and the judiciary is busy with this kind of lawsuit without an excuse.

Close to the plaintiffs and in the case of defending a self-interest that has been damaged by the administration behavior, regard- less of whether this interest is material or moral, real or potential.

In the sense, it is may be an individual concerned with natural person such as individuals or especially with legal person, so the right to request the execution of an administrative decision infringes upon an interest or interests related to the purpose for which it was established and which is defined by the laws and regulations for its own.

The anti-money laundering and terrorists financing law No.39 dated 2015, the system of freezing terrorists funds No.5 dated 2016 and State council law No.71 dated 2017 Stipulated the determination of the courts jurisdiction to consider appeals from stakeholders submitted by individuals and agencies to cancel administrative decisions and if the supreme administrative court had adopted different interests of individuals and some bodies except that its sponsorship of these interest is restricted to its specific jurisdiction by way of enumeration and restriction and the anti-money laundering and financing of terrorism commission and anti-terrorism committee to freeze its efforts outside Iraq.