Suspension of the Implementation of Administrative Decisions: A Comparative Study of Iraq and France

This study is entitled ” Suspension of the implementation of administrative decisions: a comparative study of Iraq and France”. To implement the legal actions, the governments will pass various codes and make administrative decisions to handle the things that are delegated to them. These rules and regulations are ranked lower among other laws such as constitution and other laws in the pyramid of the classification of the rules. Thus, these administrative rules, do not have jurisdiction and authority to suspend, amend or to repeal the superior regulations. Despite the importance of the issue of suspension for administrative procedures, which may affect the actions carried out by the state according to its responsibilities. But this does not generally attract the attention of the legislators and lawmakers. Despite the huge data produced by the legal authors, all the content has been written the same way, with the same idea and even most of the times with the same words – and not by the Iraqi jurists; because there is no specific book with the relevant title, and more over there are apparent changes in the Iraqi legal system and administrative rules that is familiar to the Iraqi scholars.

The answer lies in the fact that, the suspension of an administrative decisions, such as other matters of administrative law, is determined by the legislature, in order to legitimize the executive procedures. In this study, I will deal this issue   with an analytical approach toward the Iraqi and Egyptian law, with a review of the French law and the judicial system. Among the most important findings of this study are the following: The difference between the suspension of administrative rules and a decision to withdraw the administrative laws, seem to be that the government obliges the offending contractor to fulfill its contractual obligations to avoid financial consequences, including price differences. In case of withdrawal of administrative decisions regarding the contracts, the French legislature has given the permission to receive the request to suspend the execution of the challenged administrative decision, at the same time with litigation or after the lawsuit is started not before that, because the main lawsuit will be proven as a consequence of the suspension.