The Possibility of Stopping the Implementation of the Administrative Decision in the Administrative System A Comparative Study in Iraqi and Jordanian Legislation

The administrative decision is one of the most important means used by the administrative authority to ensure the good management of public utilities, and it is one of the most dangerous privileges enjoyed by the administrative public authority, as it is issued by the unilateral will of the administration without any consideration for the will of the persons addressed by the decision, and as long as the legislator has given the public authority this privilege, it is restricted by laws and that any decision issued in contravention of the laws and regulations is an illegal decision, and this restriction was made in order to protect people and their interests from the damages that they suffer as a result of the implementation of these decisions, and since the judiciary is the legal means by which disputes between natural and legal persons are resolved, judicial control over the work of the administration A means with an important and effective impact to examine the legality of the administrative decision, this decision which must be in accordance with the law, otherwise it will be subject to cancellation by the judiciary, by challenging it before the court by filing an annulment lawsuit.Suspending the implementation of the administrative decision is an exceptional and urgent measure in order to prevent the administration from expediting the implementation of the contested administrative decision to cancel, in accordance with the principle of appeal for cancellation, does not stop the implementation of the decision. In addition, the stay of execution is a temporary measure until a decision on the merits of the case is decided. and that the administrative judge has a key role in achieving a fair and accurate balance between the authorities of the state and the interests of individuals, through the possibility offered by the system of stopping the implementation of administrative decisions, as a legal mechanism, which is a basic protection and guarantee for addressees. The administrative judge also has a woman and he addresses the administration, in order to protect individuals from the abuse of the administration, within the framework of the principle of legality, and in a manner that parallels the right of privilege owned by the administration, in the interest of individuals and in the public interest. In addition, the suspension of implementation is an exceptional measure that is not resorted to except with narrow conditions, due to the two characteristics of direct implementation of administrative decisions, and the unstoppable effect of methods of appealing administrative articles. Moreover, that amending the current constitution to ensure that the powers of the regions are determined exclusively, and what remains is for the federal authority, based on what is customary in the federal systems.The study aims to clarify the legal system for stopping the implementation of administrative decisions in the administrative system by defining the nature of administrative decisions and the concept of endowment and its meaning in terms of language, legal and jurisprudence, and by clarifying the position of Iraqi national legislation on it and Jordanian as well. Showing the legal methods and means used in the text on how to conduct the endowment in the decision. The administrative system, highlighting the legal means and methods of appeal in both Iraq and Jordan, checking endowment requests, and the authority of the ruling on stopping the administrative decision in the administrative system.We divided the study into three chapters. In the first chapter, we discussed concepts and faculties. In the second chapter, we presented the provisions for stopping the implementation of the administrative decision. We separated the discussion in the third chapter, the procedures for stopping the implementation of the administrative decision. Then, we concluded the thesis with several results that we reached during our studies and a number of recommendations that we hope will Take it out, and ask God for success.