The Authority of the Executor of Justice in the Implementation of the Provisions of the Iraqi Administrative Judiciary A Comparative Study

Judgments issued by the administrative judiciary “administrative courts” are implemented after they have acquired the degree of finality, because it is recognized in civilized organized societies that the law is the one who determines the method and procedures for executing judgments, and guarantees to the convicted person the legal means to implement the judgment by the public authority, and the name of this authority varies. In Iraq, the execution department is called the execution department and is headed by the executor of justice, but in comparative law countries, the execution judge is called the head of the execution court. As for the subject of the research, it is necessary at the level of the theoretical side and the practical side. The theoretical aspect is to research the implementation of judicial rulings, as its task is entrusted to the ordinary judge, the administrative judge, or the just enforcer. The interest in the implementation of administrative judicial rulings is the necessity from the practical side, as the principle is that the ordinary judge specializes in the implementation of judicial rulings and orders issued by the authority to which he is affiliated. As for the main question in this thesis: What is the legal regulation of the authority of the executor of justice in the implementation of the Iraqi administrative rule? Through the use of the comparative analytical descriptive approach, we reached several results, the most important of which are: The administrative judicial rulings that are issued by the administrative judge have the authority of what leads to it like all other judicial rulings, and the administration should implement them directly. without delay, delay or omission. In Iraq, the Supreme Judicial Council is the judicial authority in the Iraqi Republic and has its full legal organization, and we find in the provisions of the Execution Law that its procedures are still linked with the Supreme Judicial Council, including the problem of Article “6 / Fifth” of the Execution Law, while the comparative law has the full legal organization and executive power. The limitation of the administrative judge in directing orders to the administration to urge it to implement the provisions of the Iraqi administrative judiciary and the lack of more effective means in forcing the administration, as the French, Egyptian and Lebanese legislators did in using unconventional means, including the method of financial pressure on the administration. Article 164 of the Iraqi Civil Audits Law referred to the condition of taking a security guarantee from the plaintiff for the thing judged, and the damages that the defendant may incur when executing the judgment, to the execution department. As the legislator did not give an explicit text, but rather made it absolute, and it was regulated by Article (53) of the Execution Law on its release, which needs more detail when organizing bail in the enforcement department, as the Egyptian legislator did in Article (293) of the Egyptian Civil and Commercial Procedures Law.is for the purpose of inducing the administration to implement.