Stopping the implementation of administrative decisions in Iraqi legislation, a comparative study with Algeria and Egypt

This study examines the implementation of administrative decisions in the Civil and Administrative Procedures Law and the extent of the Iraqi legislator’s approval of its regulation compared to other laws. We refer to the suspension system as an exceptional and unavoidable measure and an effective safeguard for individuals that can eliminate the disadvantages of the principle of the unsettling effect of a revocation claim.

Administrative decision is one of the main pillars upon which administrative law is based, and it is the preferred and essential administrative tool for performing various tasks for its speed and effectiveness in administrative work. The regular and consistent performance of public services and on top of these tools is the administrative decision because of its features that allow the administration to make a unilateral decision on a matter without the need to obtain the consent or even the assistance of the persons concerned, because it has a degree of safety and security assumed in it, and any person must be judged He challenges his health through the judiciary. Its abolition and the burden of proving the defect rests with the one who disrupted the administrative decision, assuming that career life would be disrupted without it.

Therefore, an attack on an administrative decision due to annulment does not in principle stop its implementation, which must continue until a decision to annul the decision of judicial protest, or if one of the illegal cases is similar to assets, is issued by the government. will be cancelled. It was created to do this, or the government will slow it down until the situation clears up.

The purpose of this system is to stop the implementation of the results that the government will not implement in the event of the implementation of the canceled administrative decision, otherwise no order to cancel the nullified administrative decision will have any benefit. Execution and production of all his works, in order to avoid the disadvantages of this principle, and to find a balance between public and private interests, the system of execution was invented as an exception to this rule, and not as an effect of the annulment issue, so that it could be temporary. Precautionary measure: In the context of the case, the revocation must be presented and the expectations regarding its purpose, from which branch the immediate protection of benefits that cannot wait and be decided upon until the final decision. It is related to its beginning and end, or it is a temporary preventive measure, in order to prevent the continuation of procedures whose consequences cannot be remedied, similar to the order issued by the endowment judge to suspend the executive authority. Administrative decision for a period of time When the time period is a decision to cancel an administrative decision.