Legal Regulation of the People’s Grievance Against Administrative Decisions A Comparative Study Between Iraqi Law and Iranian Law

The administrative decision is like every decision that has effects in the face of its parties represented by mutual rights and obligations, and therefore the theory requires limiting the effects of the administrative decision to its parties so that it cannot apply to others according to the rule of relativity effects, but the practical aspect proved above that that The administrative decision has effects that can affect people who are foreign to it, and more precisely, to others who were not a party to it, and jurists have differed about the extent to which administrative decisions are subject to a relative rule. The effects of the decision decided in Iraqi and Iranian law. And since the administrative decision is not decided to achieve a personal interest, but rather decides to achieve a basic purpose, which is the implementation of public utilities and the achievement of the public benefit, and it is natural if this purpose of the administrative decision is that its effects go to others, then this research came to show the people’s position on the grievance of the administrative decision Iraqi law and Iranian law. In order for the grievance against the administrative decision to achieve its legal effects; The grievance must focus on a specific decision, and this necessitates that the grievance be later on the issuance of the decision, and therefore it is not permissible to file a grievance against the preliminary procedures for the decision, such as a warning prior to the issuance of the decision, and the grievance must be submitted by the person concerned, i.e. The legal person who has affected the decision has a legal position for him, or his legal representative, and the grievance must be submitted to the administrative body that issued the decision, or to its governing bodies, and therefore if it is submitted to other than these bodies, it does not produce its legal effect, and the reason for that is clear, as the The grievance is submitted to the authority that issued the decision or to its governing bodies; Because these two parties have jurisdiction over the decision, and therefore they can withdraw or cancel it.

The grievance is a means for the aggrieved by the administrative decision submitted by the appellant in the hope that it will amend its decision and withdraw it. Also, the administration exercises its activity in managing its public facilities through its important tools represented by the public employee. The matter requires protecting his rights stipulated in the service laws and deciding and determining his duties to know the extent of his commitment towards society to achieve the public interest and social and economic development. The issue of attributing the defense of lack of interest to one of the types of defenses, if it is justified from a jurisprudential and theoretical point of view, then the objective defense and the defense of non-acceptance leads to the rejection of the lawsuit and the inadmissibility of re-establishing it if the parties are united and their attributes have not changed and the dispute is attached to the same subject and cause.