Legal procedures for the administrative decision against the annulment lawsuit in Iraq

The annulment petition is characterized by a series of factors and characteristics, and these factors and characteristics have important effects on this petition in relation to the officials of the administrative justice, and these effects on all stages of the petition are different and different from the acceptance stage of the petition. The stage of the petition is annulment begins, as we have seen, the officials of administrative justice in that stage are placed in two types of restrictions: the first type is the general conditions for accepting the petition for annulment, and the second type is the exercise of sovereignty and legislative (parliamentary) constraints. There is in Iraq.

In the second stage of the petition, which is the stage after the acceptance of the petition, in which the judge investigates the veracity of the allegation of a defect in the administrative order, a defect that makes the requested appeal illegal (against the law), we have seen that administrative justice officials They do not have absolute authority in estimating the defects of the administrative order.

In the last stage of the annulment petition, which is the stage of determining the final task (final verdict) of the petition, we have seen that the traditional administrative judiciary in France and Egypt is based on restricting the officials of the administrative judiciary to annul the administrative verdict which is illegal. Proves it is based without the judge having the power to issue orders to the government or to replace it.

The Iraqi legislature also authorized the administrative judiciary to replace the government, both in the 1979 amendment to the National Assembly Act No. 1979 and in the Law on the Disciplinary Council of Government Employees and the Socialist Section No. 114 of 1991. Has given the administrative judiciary the power to amend an administrative order that proves its illegality.