الطبيعة القانونية لحكم وقف تنفيذ حكم قضائي إداري

Abstract EN

The legislator does not address in the special laws in Iraq and some of the laws of the countries compared to the litigation procedures, to define the ruling issued to suspend the execution of an administrative judicial ruling in the civil and commercial procedures law, as well as the case in the successive laws of the State Council.

Therefore, it fell upon the jurisprudence and the judiciary to set a definition and concept that distinguishes it from what it is mixed with from other claims.

Where the ruling issued to suspend the implementation of the appealed administrative judgment is distinguished by its nature, especially as it relates to the determination of an urgent request prior to the administrative judgment , Also, there are many issues related to its issuance, including its enjoyment of a special authority and then the necessity to implement it as soon as it is issued, just as it has implications for the ruling in the administrative invitation.

the Iraqi laws and comparison, and to emphasize the importance of subjectivity and distinguishing the ruling issued to stop the implementation of administrative rulings, with regard to the authority of the ruling order, Because the judicial ruling is characterized by expedited enforcement as a general rule when it is issued and pronounced.