توسع سلطة الضبط الاداري في ظل جائحة كورونا

Abstract EN

Within the framework of the modern legal state, the administration cannot work without the powers and powers established by law in accordance with the principle of legality in order to advance the burdens entrusted to it for the public benefit.

State intervention has increased in many new and previously unknown fields, including modern technological fields.

this has imposed on the administration an increase in its duties, more importantly, the maintenance of public order with its well-known components : public security, public health, public tranquility and public morality.

the authorities that the administration enjoys in various circumstances are justified only by the goal of achieving the public benefit, so that if the administration desires to achieve a self-interest for its members at the expense of the public interest, its behavior will be tainted by nullity for the defect of purpose or goal.

in normal circumstances, the administration possesses legal powers in administrative police in order to protect and maintain public order with its aforementioned elements.

However, these powers expand in certain circumstances, so that they are speedy, immediate, and unpredictable, which requires the administration to be armed with powers wider than those recognized by them under normal circumstances.

granting the administration these additional powers do not mean absolutely freeing them from being subject to the law.

it remains bound by the emergency law or the law of exceptional circumstance, which represents the principle of exceptional legitimacy.

granting the administration these additional powers do not mean that they are absolutely free from submitting to the law and the supervision of the judiciary.

they remain bound by the emergency law or the law of exceptional circumstance, and their actions remain subject to judicial control, even after a while, and this is the principle of exceptional legitimacy.

in light of a serious pandemic, such as corona in Iraq, declaring a national emergency would be more effective in protecting the lives and freedoms of individuals from relying on administrative decisions due to estimates and assessments that may be right or not, at a time when the gravity of the pandemic cannot bear such weightings.

Therefore, the issuance of a unified emergency law becomes unavoidable in order to clear the ambiguity in the current legal situation represented by the existence of two emergency laws in Iraq.