The Administrative Emergency File and its Applications on Administrative Control Procedures in Iraq and France

Countries are exposed to some emergency circumstances that threaten their security and stability and pose a threat to the lives of individuals. Ordinary applicable laws are unable to confront these circumstances. This prompts the state to act urgently and expand the powers of the executive authority to take exceptional measures and measures. The executive authority may enter into the powers of the legislative authority, but it is required that Applying the emergency file and declaring a state of emergency Determining the reasons and describing the emergency danger if it is a serious danger and threatening the security and stability of individuals or not and determining the time period for implementing the emergency file. The study dealt with comparing the State of Iraq and France in the procedures and laws followed in case of emergency, The study touched on how to protect the rights and public freedoms of individuals that are exploited by some countries and violated under the pretext of emergency and exceptional circumstances. Most notably: The legal regulation followed in the application of the emergency file differs from one country to another, and its application, duration, procedures, validity, and administrative control are different. Among the most laws that dealt with the emergency file and exceptional procedures and measures when Iraq is exposed to a grave danger represented by war, epidemic or the like is (the law No. (1) Order for the Defense of National Safety) for the year 2004, and the Iraqi and French constitutions include many civil, political, social and economic rights, which were keen to protect and guarantee these rights and freedoms. Article (16) of the Constitution of the Fifth French Republic issued in 1958 regulated, The exception system in which the President of the Republic granted broad powers to face the exceptional circumstances facing the state, to the extent that he is able to establish presidential laws that are far from judicial oversight. The state, and the bodies responsible for declaring it, determining the powers of the executive authority, and the necessity of applying administrative control to exceptional authorities.