دور الطعن الموازي في تحديد اختصاص القضاء الإداري وفق التشريع العراقي

Abstract EN

In order to uphold the principle of legality and respect for the laws and their sovereignty over all rulers and governed, the legal and judicial guarantees must be given to the individual .The case of cancellation before the Administrative Court is one of the most important guarantees to the administrative authority in making administrative decisions .Also, the case ends either by confirming the legality of the decision or revoking it.

, But the filing before the administrative court requires the existence of conditions of the most important jurisdiction of the court originally prescribed by legal provisions as the judge must ensure that the lawsuit falls within the jurisdiction before the entry into the subject, and because of the specific experience of Iraq in The judicial supervision of the work of the administration, we find that the Iraqi legislator in many applications used to specialize other than the administrative judiciary in the case of the cancellation of the decision tends to tend towards the ordinary judiciary and another towards the Federal Court and the most dangerous that in many legal texts give administrative authorities judicial powers to enable them to The provisions of the State Council Law No.

(65) of 1979.