Local Decentralization in Iraqi Administrative Law: A Comparative Study with French Law

Countries in the world are not on a single administrative system in terms of their function, as they depend on two methods of management, namely administrative centralization and administrative decentralization, and the choice of any of the two methods is due to many factors, the most important of which are political factors. In view of the complexity of the state’s functions and the multiplicity of its administrative duties and actions as a result of the continuous development in life, the state responded to this and abandoned the central approach, which prompted its central authority to transfer part of its administrative function to local elected bodies to perform it independently while ensuring a degree of oversight over it, and here Administrative decentralization appeared. The research problem is also evident in the overlap in the competencies of provincial councils and the central authority, and oversight mechanisms, in light of the enforcement of the amended Law of Governorates not organized in a region No. Solutions to this overlap in terms of reference. The importance of the research also lies in the statement of the decentralized local authorities in Iraqi law with the statement of the texts of the French law. And clarify the relationship between central authority and decentralization. We concluded our research with the most important results, namely, decentralization is one of the advanced democratic methods in the field of governance and is more applied in the simple state. Decentralization is also one of the necessary mechanisms on which modern democratic systems must be based, as it is the basis for measuring good governance in states. We also reached several proposals, which is to amend Article (20/Second) of the Law of Governorates Not Organized in a Region No. (21) of 2008 and its amendments in Article (4/Second/A) of Law No. 15 of 2010, so that the cases become: Identified that violate the constitution And the laws in force on the statute of limitations. Also, since the constitution limited the competencies of the House of Representatives in Article (61) of it, and did not indicate that one of the council’s powers is to monitor provincial councils, it is not permissible to add new competencies, so the law must be amended in line with the constitution.