The role of the Supreme Administrative Court in resolving jurisdiction disputes in Iraqi law

The importance of the research lies in the fact that it sheds light on the competency conflict in administrative litigation procedures before the employee judiciary court, and administrative litigation procedures thus require accuracy in studying and understanding that the legal texts dealing with this topic are not commensurate with its importance, as the requirements for achieving justice in The field of administrative justice requires the existence of effective procedures consistent with the nature of the administrative lawsuit that the employee raises in support of rights and taking care of legal situations and positions, and in light of the accuracy, integrity and suitability of these procedures for the administrative case, the interest of litigants can be reached with the least possible effort, so the rules of administrative procedures have become a basic necessity in countries, especially Those that adopt the dual judiciary system, it is not possible to imagine the existence of an independent administrative judiciary without the existence of a law that regulates the rules for litigation in it, and the more accurate the organization of these rules is, it is a civilized manifestation and a mirror reflecting the progress of the administrative judiciary in those countries as is the case in France, and the original remains In administrative procedures, abbreviation means that it is necessary to achieve the shortest time, the least effort and the least expenses to reach the final ruling in the case.

The importance of this topic is also evidenced by the fact that it comes in light of the scarcity of legal studies and research in this field, and we only find what some professors specializing in law and administrative justice have provided, and we have noticed the Iraqi legal library’s lack of such topics significantly.

Our study of this topic will be a detailed legal study in a scientific and practical manner, by adopting the original, analytical and comparative methodology.

The concept of conflict of jurisdiction means that there is a conflict between two courts, either negative or positive, meaning either that one of the courts refuses to hear the case because it is not competent to consider it and then decides to refer it to another court, and this referral court also rejects the referral because it believes that it is not competent.

The administrative judiciary has multiple tasks, including the profession of overseeing the work of the public administration. Therefore, this process of control cannot be moved and operated automatically by the authorities and organs of this judiciary in the country, but rather based on requests or lawsuits that are initiated and raised by the concerned and interest, and that is under the conditions and procedures Legal prescribed and enforceable