Administrative Judicial Rulings Issued Against the Administration and the Problem of Implementation: A Comparative Study in the Light of Iraqi and Lebanese Legislations

The study showed the administrative judicial rulings issued against the administration and the problem of implementation in the Iraqi and Lebanese legislation by addressing the phenomenon of the administration’s failure to implement the rulings of the administrative judiciary issued against it. Partial implementation of the judgment or mis-implementation, outright refusal, and the reasons for the administration’s failure to implement the judgments of the administrative judiciary, through the principle of separation of powers as one of the reasons for the administration’s failure to implement the judgments of the administrative judiciary, and the unreal reasons for the administration’s failure to implement the judgments of the administrative judiciary, and finally The role of the administrative judiciary in the face of the administration’s failure to implement its provisions. The aim of the current research is to highlight the phenomenon of the administration’s failure to comply with the administrative provisions issued against it, and we have chosen the most common provisions in this regard, which are the provisions of suspension of implementation, provisions of cancellation, and comprehensive provisions, with an explanation of the forms of abstinence and disclosure of the ways in which the administration is directed to achieve this. And the reasons that can be invoked to justify its abstinence, and the measures necessary to confront this abstinence and its effectiveness. The responsibility of the administration and the employee responsible for the implementation is in the event of refusing to implement the administrative court ruling (the judgment of suspension of implementation and the judgment of cancellation). Disciplinary punishment for breaching his job duties, and the administration can raise its responsibility for the delay in implementing the judgments of the administrative judiciary and file a case against it before the administrative court to demand compensation. The administration does not comply with the rule of law and the judiciary. The comparative analytical method was used between the laws of each of Iraq and Lebanon, and a statement of the special provisions included in the legislation of those countries. The study came out with a set of results, the most important of which are: that the Iraqi and Lebanese legislators approved the principle of the inclusion of judicial rulings with implementation, and permitted legal appeal, and before they acquired the final degree, out of faith It is of the importance of including the judicial ruling with implementation, as it is actually a manifestation of temporary protection for judicial rulings in the field of implementation, in order to deliver the right to its owners in the least possible time and effort.