Accountability of Members of the Administrative Judiciary: A Comparative Study Between Iraq and France

Author:
Waheed Azzawi Saleh Saleh
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Seyyed Alireza Tabatabaei

This  study has  aimed  to deal with accountability which has  now become one of the basic criteria for good governance, and the progress of any country in the world is measured, not only in the field of justice, but in vital and important areas such as the rule of law and respect for human rights ; so that the accountability of members of the administrative judiciary in countries and societies is one of the basic principles followed for the establishment of any society that believes in the application of justice. Accordingly, we have a research problem that includes our research question: What is the concept of accountability and administrative judiciary in Iraq and France order to answer this quest should be  clear that accountability takes several dimensions: legal accountability matching the actions of individuals with the provisions of the law, if it is proven that there is a violation of the law that results in criminal damage administrative accountability: it means that individuals working in the government institution are subjected to examination, follow-up, and continuous evaluation of the extent to which they are bound by the provisions  and the rules of sound management that are carried out by individuals with a higher degree in the institution or ministry.  The importance of the research comes in that administrative accountability is an starting  point to achieve mutual trust within the administrative apparatus, as it is a process that includes clarification and justification of the nature of performance, to be convincing for both parties. The research methodology, as the study of our research requires, which is the accountability of members of the administrative judiciary in Iraq and France, is a comparative descriptive  and analytical approach. One of the results of our research is that there is a common amount of judicial values, customs and traditions between the various legal systems that led to the convergence of functional duties in Iraq and France. We also concluded that it is not enough for the judgments issued against members of the administrative judiciary to be just in Iraq or France, but rather they must be swift and conclusive. The study also showed that members of the administrative judiciary in the two countries Iraq and France (the focus of our research) enjoy the legal guarantees established in the Code of Criminal Procedure when they appear for investigation and trial.  To achieve this this topic will be studied in a comparative analytical study divided into three chapters.