تنازع الاختصاص في مجال القضاء الإداري : دراسة مقارنة

Abstract EN

This study highlights some of the legal problems that arise when exercising jurisdiction in litigation disputes between the courts of competent jurisdiction and the courts of various jurisdictions.

The most prominent problem that is the core of this study, is the controversy of jurisdiction in the litigation and also that of jurisdiction in the implementation of judicial provisions through the consequent contradiction of the provisions.

In fact, these problems have bad impacts on the principle of legality and achievement of justice, prompting countries to intervene to resolve these problems and find legal and judicial ways to decide the consequent disputes between courts, and to achieve this, there is no doubt, is through the statement of the verification terms of these dispute cases and finding the competent judicial court and determination of the rules and procedures of decision between the disputing courts.

Iraq has been of the countries that has dealt with this kind of problems and tried to treat it in the Iraqi civil procedure Act No.

83 of 1969 and also in the Law of State Consultative Council No.

65 of 1979 average.This study tries to discuss all the topics mentioned above and introduce guided solutions to develop the legal processing relevant to the subject-matter of this research.