التنظيم القانوني لتنحي القاضي الإداري في التشريع العراقي: دراسة مقارنة

Abstract EN

The impartiality of the administrative judge represents one of the aspirations of the public opinion, because it is an authority to achieve justice after the spread of violations of individuals 'rights and freedoms, and pursuant to the principle of the judge's impartiality, integrity, and his exclusion from falling into inclination and bias.

the legislator has created certain reasons that the judge refuses to provide in the case while ensuring protecting the judge from malicious actions that affect the judge's performance of his duties.

guarantees of impartiality are not limited to guaranteeing the financial and administrative independence of the administrative judge, but rather extend to the approval of various forms of guarantees, including stipulating cases in which the judge is prohibited from ruling in the case by the force of law, and these are cases that will protect the principle of (impartiality of the judge) for fear that they are disturbed by the influence of the powerful or an interest, and the necessity of laying down the legal provisions for the removal of the administrative judge to the privacy of administrative disputes and the different legal positions of the parties to the dispute is confirmed.