Judicial Oversight on Administrative Decisions: A Comparative Study Between Iraqi and French Law

Author:
Alaa Saddam Yousif Alalwan
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Mohsen Malek Afzali

In this dissertation, by studying the legal system of Iraq and France in the role of judicial supervision over the administrative decisions that cause it, we have clearly and explicitly explained the basic and important tools of judicial supervision over the causality of administrative decisions in Iraq and France. . And as we have shown, the purpose of the study is to highlight the formal and objective conditions and to investigate the formal and objective conditions to activate judicial control over administrative decisions, and we also showed the importance of the study in this matter that leads to it. By informing the employee of what has been attributed to him and because he has been punished because it is a guarantee to the employee when making an administrative decision, and as we talked about the problem of this research that revolves around the principle of causality of administrative decisions. And its ability to reform the managerial behavior for which the law is regulated, and judicial oversight of the causality of administrative decisions is not taken seriously, and the judiciary is not exposed to the legal texts mentioned. According to the results, we came to the conclusion that the following results are that the causality of administrative decisions is one of the pillars of the main form and is different from the pillar of reason that quality and quality are binding in any administrative decision. Unless there is a legal obligation to impose it and the administrative instructions lead to the same administrative decisions as a whole, because causality ensures that the addressee is aware of the actual administrative decision and recognizes the fundamental importance of reasoning in guaranteeing rights and freedoms. Individuals, who are required by law by the Iraqi legislature to allocate these guarantees, guarantee their rights, and as I followed the descriptive-comparative analytical method in this study, the analytical method in presenting and discussing administrative decisions in the light of The main issue in this study is how to control the cause of administrative decisions in Iraq and France. Judicial oversight exercised by the judiciary over managerial decisions to ensure the accuracy of the facts on which the government relies in its decision-making. And its legal compliance and the appropriateness of these decisions made by the government to the reality and judicial oversight took some time to reach the current situation. The problem with the research is that the research problem in this research revolves around the control of administrative decisions and the possibility of having legal texts in Iraqi law to formulate new laws to limit the issuance of decisions that are against administrative laws and deal with them. With the correct legal methods