The Role of Licensing in Regulating Individual Freedoms and Activities and Surveillance their Elimination, A Comparative Study between Iraqi and Algerian Legislation

This thesis dealt with the role of administrative licensing in regulating individual freedoms and activities and the oversight of their elimination by clarifying the reality of administrative licensing in terms of considering it a phenomenon that has arisen to face many economic and social challenges, as some individual liberties are regulated by the legislator in some detail where conditions are specified Certain to practice it, which is obtaining a prior license from the administrative authority that supervises the practice of an activity, which is granted to its applicant if the legal conditions stipulated in the legislation are met, as it is considered a legal act of the administration issued in the form of an individual administrative decision from one side that includes all the pillars of the administrative decision. The administrative license takes many forms and names, including (licensing, visa, and accreditation). A threat to public liberties because individual activity according to the dangers is not considered prohibited and does not require obtaining a license I have prior permission from the administration before practicing it, but maintaining public order requires the stakeholder to notify the competent authority of his desire to engage in this activity so that the administration can take the necessary measures to protect public order, bearing in mind that the legislator has allowed the executive authority to regulate the exercise of some rights And freedoms through the issuance of organizational regulations that include general rules, and because of the danger these regulations pose to freedoms, the legislator has surrounded them with a set of guarantees, the most important of which is that these powers are based on a legal text that authorizes the administration to issue them and that these regulations and decisions are subject to judicial oversight that is carried out by canceling the decision The administrative granting of the license or compensation for the aggrieved party as a result of the administration’s decision to withdraw or cancel the license.