The Electronic Administrative Judiciary of The Iraqi State Council A Comparative Study With The French Law

The issue of the electronic administrative judiciary of the Iraqi State Council is one of the recent topics on legal studies, which were generated as a result of recent developments in the field of information technology and modern communication technologies, which had a significant impact on the all aspects of life, including the social and economic aspects, and one of its effects on the judiciary in general is the emergence of new terms related to judicial justice and courts. The most important of which are electronic litigation, remote courts and remote litigation, where the importance of the topic is to simplify judicial procedures and run them on litigants before the courts of the Iraqi State Council and the development of the judicial facility to keep pace with the developments that the world is witnessing through the use of technology and modern communication techniques. Therefore this study focused on researching the possibilities of using modern technology and communication technologies in the administrative judiciary facility to address the problem of the existence of justice, which is characterized by slow completion of judicial procedures and delays in resolving disputes before the courts. Moreover, this leads to overburdening litigants with financial burdens and a waste of effort and time, which makes rights endangered by loss due to the length of procedures, The delay in resolving administrative disputes before the courts of the Iraqi State Council. The analytical and comparative approach was used to compare French law and Iraqi law and the analysis of the texts and legislation in our study. As we concluded the application of electronic administrative judiciary in the Iraqi State Council requires the existence of legislation regulating the use of electronic documents and electronic signatures to add a legal status to their use in addition to the existence of legal texts to protect information and data, as is the case in the French civil law, the French Administrative Judiciary Law and the French Law Programming to reform justice in France. We also concluded that the electronic administrative judiciary requires the presence of websites for the courts of the French State Council on the global information network so that litigants can file the administrative case electronically and follow its procedures from the beginning of its establishment until the issuance of judgment. Therefore the implementation of all judicial procedures electronically as on the site Electronic for the French State Council and the French administrative courts.