الجهة المختصة بنظر الدعوى الإدارية : (دراسة مقارنة)‎

Abstract EN

With the aim of organizing judicial oversight on the work of the administration.

States have turned to two directions, they have gone to adopt the unified judiciary, and others to adopt the dual judiciary, so the jurisdiction and jurisdiction of each court has been determined according to the judicial system followed.

While, jurisdiction is considered a criterion for the authority granted by law to a court, and in the type of certain cases, and within certain limits.

It was obligatory not to exceed them, and not to consider the judicial ruling issued by it invalid for violating the provisions of the law, and based on this, the competencies of the administrative judiciary bodies in the comparative countries, both France and Egypt, are not absolute, but rather restricted.

There are many exceptions to them, as Exceptions that fall outside the jurisdiction of the administrative judiciary in Iraq still include in its bracket a large number of administrative decisions and orders that the legislator has specified a special reference for grievance, objection, or appeal.

Categories of persons and employees are disadvantaged and deprive them of the right to sue and challenge administrative decisions and orders issued against them by the administration.

This contradicts the principle of justice and the principle of the right to litigation and constitutes a clear constitutional and legal violation.