Reasons for Disabling Public Services in Exceptional Circumstances A Comparative Study of Iraqi and Jordanian Law

The regular and steady functioning of the public utility is one of the important principles upon which the public utility is based. As the state’s public utilities work to provide public services and satisfy the general and essential needs of individuals, As the interruption of the services provided by the state’s public utilities results in disruption and disruption in the lives of individuals, which leads to the exposure of community members to harm. Because they are accustomed to the continuity of services provided by the state’s public utilities, Therefore, the state must not be satisfied with establishing public utilities, but must ensure that they continue to provide public services, and address the causes that lead to the disruption of public utilities in normal and exceptional circumstances. Since the subject of our study is about the reasons for disabling public utilities in exceptional circumstances, we have explained the concept of public utilities, their types and methods of management, We also explained the exceptional circumstances and the conditions for applying the theory of exceptional circumstances. We also clarified the concept of disabling the public facility, as we defined the disabling of the public facility as “the public facility has temporarily ceased providing its services to members of society as a result of an exceptional circumstance, provided that the public facility resumes its activity after the exceptional circumstance that led to its cessation has passed.” We also concluded through our study that the reasons for disrupting public facilities in exceptional circumstances are terrorism, the Corona virus, as well as natural disasters, Through our study, it became clear to us that the ways to address the disruption of public utilities in exceptional circumstances are represented in the application of the theory of the actual employee, as well as the application of the electronic litigation system, the electronic management system, and the e-learning system, Through our study, it became clear to us that the administrative judiciary exercises judicial control over the administration’s work in exceptional circumstances, in particular, oversight over administrative control decisions represented by external oversight, which includes oversight over the aspect of jurisdiction and form, and internal control represented in the oversight of the cause and purpose pillar. Because administrative control decisions affect the rights and freedoms of individuals.