Judicial Rulings Issued Against the Administration and the Problems of Their Implementation, A Comparative Study
- Author:
- Alhasan Ahmed Hasan Hasan
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Hossein Amini Pazveh
In dealing with this subject, we tried to shed light on a very important and dangerous problem, which is the problem of the administration’s failure to implement the administrative judicial rulings issued against it, as well as the responsibility of both the administration and the employee abstaining from implementation. In fact, the issue of implementing administrative provisions in the face of the administration is not an easy problem Which can be easily overlooked or treated, but it has become a tangible phenomenon and a witnessed reality that cannot be hidden or denied, as this study addresses one of the most prominent problems faced by the administrative judiciary, which is the problem of the administration’s neglect of the implementation of administrative judicial rulings issued against it, in a way that has become clear It has a prominent hole in the forehead of the principle of legality, so it was necessary to launch a serious reform process for the justice sector. Indeed, it was crowned with the intrusion of the penal responsibility of the employee who refrained from implementing judicial rulings, under the Penal Code and its supplement to the Administrative Procedures Law, which carried many legal rules and principles, since that The administration is obligated to implement administrative judicial rulings that have the authority of the res judicata, whether they were issued against it or against individuals, and if you The implementation of judicial rulings issued against individuals does not raise a particular problem, since the administration enjoys many legal privileges through which it can compel individuals to comply with court rulings, as well as address the most important reasons and obstacles that impede the implementation of these rulings issued against the administration.