الإشكاليات القانونية للمنازعات المستثناة تشريعا من اختصاصات المحكمة الإدارية

Abstract EN

The administrative judiciary has the main role in maintaining the principle of legality, which imposes on rulers and govern the rule of law, one of the requirements for achieving this principle is the subordination of administrative act to the rule of law and to ensure that it doesn't go out on its provisions, so one of the most important of these means is the organization of judicial supervision over there acts, the judiciary shall have the authority to overturn or cancel its actions which are contrary to the law and which are defective due to defects in the illegality of the administrative courts have the general jurisdiction to hear all administrative disputes arising from such acts, however due to different consideration several administrative decisions have been brought out within the scope of judicial over sight through the fortification of some administrative decisions or through legislative texts, the broad discretion of the administration to meet the normal and exceptional circumstances and sometimes get abuse of its power or collide with the rights and freedoms of individuals, therefore, individuals must be able to challenge the illegal behavior of the administration and to ensure that individuals are not deprived of the right to sue them before the administrative courts, taking into account the non-expansions of these legislative texts that restrict the jurisdiction of the administrative judiciary.

the problem of research is the legislative imbalance of the administrative judiciary in Iraq and the Kurdistan region through the provisions of the law of the council for Kurdistan region No.

14 of 2008 and also in Iraq, the existence of a large number of legislative texts that restrict these terms of reference and perhaps the most serious which is trying to reduce them to a large extent and for the purpose to solve this problem, we have reached through this research to cancel those texts preventing the jurisdiction of the administrative judiciary, either in Iraq or in the Kurdistan region in resolving disputes resolutions especially since most these text's violate the constitution and guarantee the right of litigation for all individuals.

in order to study the subject of our research, we decided to divide the research into three topics, the first part deals with the legal texts that prevent the consideration of some administrative disputes, in the second we discussed the restrictions on the jurisdiction of the administrative court, in the third, we devoted it to the study of common competencies between administrative courts and ordinary courts.