القصد التشريعي من التظلم وجدوى اشتراطه في الدعوى الإدارية

Abstract EN

The laws regulating the administrative judiciary require that a lawsuit be brought before the administration before this court can fulfill the grievance condition.

A grievance is a procedure whereby an opponent of the administration submits a request to it, stating the type of objection to the administrative procedure that constitutes an injustice on the basis of certain reasons.

Through this request, the opponent seeks to persuade the party to whom the complaint is submitted to withdraw its decision.

There is no doubt that behind this requirement there is a legislative wisdom that represents the reality of the legislative intent in requiring grievance.

It is worth noting that the administrative judiciary in Iraq in general and in Kurdistan region, in particular, did not strive to make this requirement known, which spoiled the legislative wisdom behind its requirement, and led to a deviation in the course of its application, as well as the loss of many rights instead of doing justice to them.

On the other hand, the French judiciary has gone a long way in understanding the legislative intent of the grievance requirement, and it has not adhered to it as a formality, i.e.

as an obstacle to the restoration of individual rights vis-à-vis the administration.

The French law has also recently replaced it, and in some administrative cases replaced the magistrates’ councils, as a result of realizing the pitfalls of having recourse to the administration to judge itself by itself.