الاختصاص التشريعي لمجالس المحافظات غير المنتظمة في إقليم في العراق

Abstract EN

The Act of Governorates that are not organized within a Region No.

(21) at (2008) regarded as one of the important laws that deals with the Administrative System in the state.

This law gives the Governorates Councils many jurisdictions, one of these, jurisdiction to issue local legislations according to the article (7/ third) of the law.

The jurisdiction of Governorates Councils to issue local legislations raise, and still, a legal conversation within the Iraqi Administrative jurisprudence in one side, and among the High federal court and Iraqi Shura Council on another side, the opinions of jurisprudence and legal explanations differs about this subject.

Its important to distinguish between Governorates that are not organized within a Region and political decentralization, the first one is an application of regional administrative decentralization system, in other words, it is a way of administrative organization, and it refers to the distributing the administrative functions in the state, While the second one refers to distributing the power levels which are: legislative, administrative and judicial authority.

In this study, we concluded that the legislative jurisdiction that given to Governorates Councils by the legislature only refers to issue the secondary legislation to regulate the administrative and financial affairs in the governorate.

Because the Governorates Councils don’t have a legislative authority and only have a wide administrative and financial jurisdiction.