Administrative Judicial Rulings and Obstruction of Their Implementation in Iraqi Law, a Comparative Study with Algerian and Jordanian Law

The role of the judiciary in the modern state is not limited to just issuing a judgment or decision confirming the right of the creditor, but rather extending to implementation, aiming to change the practical reality and make it compatible with the administrative judicial ruling or decision. The administration refuses to implement it, because the latter often refrains from implementing and ignores its obligations towards the law. The power of the judiciary as a constitutional institution lies in the implementation of its provisions and decisions. The Algerian Penal Code also stipulates that an employee who obstructs the implementation of judicial rulings against the administration must be punished in Article 138 bis of Law No. 09/01. As for the Jordanian Penal Code, Article 182 of it stipulates that “every employee who uses the authority of his position, directly or indirectly, to obstruct or delay the implementation of the provisions of laws, or the implementation of a judicial decision or any order issued by an authority with authority, shall be punished by imprisonment from one month to two years.” As for the Iraqi law, Article (329) of the Iraqi Penal Code stipulates that “Any public official or agent who fails to implement a judgment or order issued by a court or any competent public authority shall be punished with the same penalty after eight days have elapsed from being officially warned of the implementation.” When the execution of the judgment or order falls within its jurisdiction). The problem of the research lies in the problem of implementing judicial rulings and decisions issued against the administration, the only concern of the litigant who finds no alternative but to wait until that administration acquiesces and implements its judicial rulings. The main problem lies in whether the administrative judge rules the administration or not? And if a ruling is against her, does he have the power to compel her to submit to his ruling? It shows the importance of research in identifying the phenomenon of the administration’s failure to implement administrative judicial decisions issued against it, as well as searching for means that lead to ensuring their implementation. In our research for the subject of the study, we have relied on the analytical as well as the comparative method, by following the scientific and legal methods in our study, and we have also adopted the comparative method by studying the constitutional or legal texts of political systems, which is the Algerian and Jordanian law. We concluded our research with the most important results and proposals, the most important of which is that the phenomenon of the administration’s failure to implement administrative judicial decisions is not a new phenomenon, but it has been known since ancient times and continues to this day. The criminal intent of this crime is to prevent.