شروط الطعن تمييزا أمام المحكمة الإدارية العليا في العراق

الملخص EN

To file an appeal in an Iraqi administrative law article several conditions should be present, some of which are objective, others are formal so that the appeal would be accepted.

As for the objective conditions, some are related to the person presenting the appeal, others are related to the verdict being appealed.

The conditions that should be available in the person filing the appeal is that the appealer should have an interest in the appeal, meaning that the appealer should have a personal interest, otherwise the demand will be rejected.

Also, the appealer should be one of the parties in related to the case whose verdict is being appealed, as it is necessary that the appealer is related directly to the case which is an intrinsic condition applied to the individuals, groups, institutions and unions.

The appealer should also be capable of taking such action since the capability is one of the crucial conditions to accept the appeal.

Another condition is that the appealer should not have lost his right to appeal as stated by the Iraqi law.

As for the conditions of the verdict being appealed is that the verdict should be issued by an administrative judicial party, in other words, the appeal should be admitted by the supreme administrative court.

Also, the appealed verdict should be final which cannot be appealed only by the cassation appeal.

As for the formal conditions for accepting the verdict in the administrative verdicts, it is represented by the period of the appeal before the cassation reference.

This topic is important since all the suits whether administrative or civil and is presented before a judge, it should meet a number of conditions to be accepted , otherwise it would be rejected.