The powers of the administrative judge in the strategy of its executive orders A Comparative Study of Iraqi and French Law

This study deals with the authority of the administrative judge in directing orders to the administration to put forward legislative texts and judicial and jurisprudential solutions, while presenting successful experiences that have been taken in one legislation without the other, highlighting the developments and radical modern transformations of Iraqi and French law that must be taken into account and benefited from. Including, and recent jurisprudential positions also for the French judiciary that were not addressed in some studies, and they are of a great degree of practical and technical complexity, noting that the purpose of getting to know the experience of French legislation and administrative judiciary is to contribute as much as possible to reducing the paces that It is supposed to be cut off by the Iraqi legislation and administrative judiciary, in order to ensure better protection of the rights of citizens against the administration’s persistence in not being subject to the rule of law, especially the implementation of the judicial rulings issued against it, and to draw lessons from the experiences of others and benefit by adopting the merits of jurisprudence not to waste efforts in restoring Positions and jurisprudence have been abandoned, and have become invalid in our contemporary circumstances, given the important progress that science has reached, it was necessary for the judiciary to go along with it, given also the administration’s keeping pace with it, which made His traditional powers are powerless in front of the new authorities of the administration in light of all this development.

The comparative analytical descriptive approach was used, which is one of the closest approaches to legal studies and research.

As for the results, it became clear to us that the Iraqi administrative judge and the French administrative judge, both objective and urgent, have wide powers in the face of the administration that refuses to comply with the principle of legality, according to the means and powers granted to him by the means and powers, and powers that the administrative judiciary did not know before the issuance of Law 08 /09 for Iraqi legislation, and Law 1995 for French legislation. Therefore, the administrative judge is now able to address all the administration’s transgressions with what the law has established for him.