Suspending the Implementation of Administrative Decisions in Iraqi and Lebanese Law

Author:
Sajjad Ali Waham Bani Malak
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Ali Sadeghi

The study aims to clarify what the system of suspending the implementation of administrative decisions came in the light of the provisions of the administrative judiciary in the Iraqi and Lebanese legislations, after realizing the most important ways to achieve them, including setting the appropriate conditions for the suspension of administrative implementation that deal with formal and objective conditions stipulated by the Iraqi and Lebanese legislators. The study shows an understanding of the judgment issued in the annulment lawsuit to stop the completion of the administrative decision, both in Iraqi and Lebanese legislation, and according to the nature of the judgment issued by the administrative judiciary in their judgment, which is divided into a temporary judgment in which the subject judge does not restrict his dismissal in the annulment lawsuit, and this provisional judgment has Its effect remains from the date of the issuance of the judgment in the case, and it is a decisive judgment in the subject matter of the dispute from the date of its issuance until its appeal before the Supreme Administrative Court. For this reason, the judgment retains its components until the judgment is issued in the substantive part, and with this, the effects of the judgment suspending execution shall be extinguished and shall cease to exist. It is possible to go through the re-trial route, which is an extraordinary way of review and interprets an interpretation exclusively against a final decision, while it was stated in Iraq that the appeal against the ruling issued to stop the completion does not delay its completion, unless the court decides, when considering the appeal, to cancel it. This is what we will deal with according to the division of the study into three chapters, the first chapter dealt with detectives and colleges, while the second chapter was the conditions for stopping the implementation of the administrative decision in Iraqi and Lebanese law, while the third chapter dealt with the judgment issued in the annulment lawsuit to stop the implementation of the administrative decision.