Oversight of the administrative decision, ton procedures, and suspension of execution, a comparative study in Iraqi and French law
- Author:
- Saddam Jabbar Nayef Al-Janabi
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Hossein Mohammadi
The actions that are issued by the various authorities in the state, in order to carry out their functions, are divided into legislative acts, administrative acts and judicial acts, and the importance of distinguishing between these acts is not hidden, as each group of them is subject to a specific legal system that differs from the legal system to which all other business is subject. Jurisprudence and the judiciary have hesitated in the field of distinguishing administrative decisions from other work between two criteria: the formal or (organic) criterion and the objective or (material) criterion. Look at its content, subject, or content. While the lesson is in accordance with the objective criterion of the content of the decision or its subject matter, regardless of the authority that issued it, or the form or procedures that were taken into account in its issuance. Therefore, we dealt in this study with the decision issued by the public administration and the oversight of the administrative decision, whether judicial oversight or administrative oversight, in order to protect employees working in all Types of administration from the abuse of power and the general grievances issued against the employee in general. They also touched on the procedures for appealing administrative decisions and suspending implementation, which is a general study in Iraqi law and comparison with French law and standing on the types of administrative decisions. We deal with a jurisprudential and judicial study of various types of administrative decisions and also the pillars of the decision The administrative decision or the aspects of its cancellation, and we present the defects of the administrative decision in the form or procedures, lack of jurisdiction, violation of the law and the reason, and deviation of administrative authority through many judicial applications.