رقابة محكمة القضاء الإداري على قرارات المجالس المحلية

Abstract

Iraq has introduced the Administrative Court of Law by the Second Amendment No. 106 of 1989 to the Law of the State Consultative Council No. 65 of 1979 from the Dual Judicial States. This is a turning point from the unified judicial system to the dual judicial system ie the specialized administrative judiciary.

In a later development, the Iraqi legislator introduced the fifth amendment to the Law of the State Consultative Council No. 17 of 2013. The Courts of Administrative Jurisdiction were appointed under Article 7 / II / D of the Second Amendment Law No. 106 of 1989 to the Law of the State Consultative Council No. 65 of 1979 which was amended under Article 5 of the previous amendment Mentioned in the chapter on the validity of individual and organizational administrative orders and decisions issued by employees and bodies in ministries and entities not affiliated with the Ministry and the public sector, on the basis of an appeal from an interested party and a possible situation.

The judicial system is the key to the rule of law. Therefore, the judicial system of the state must ensure the rule of law based on respect for human rights in the country. It provides elements such as the composition of the judiciary, the selection of judges and the guarantee of their independence and impartiality.

In considering the provisions of the Law of Governorates that are not organized in Region No. 21 of 2008 amended, we find that the Iraqi legislator has relied on the Administrative Court to oversee the decisions of local councils in three main axes:

First: The administrative court's review of the decisions of the local councils regarding the dismissal of the heads of the administrative units.

Second: The administrative court's review of decisions regarding the dismissal of senior positions.

We also have to show that there are a number of reasons that must be appealed before the Administrative Court. The appeal of the decisions of the provincial councils is only in accordance with the provisions of the law. This is confirmed by Article (7 / Fifth) of the Fifth Amendment Law No. 17 of 2013 Of the Law of the State Consultative Council No. 65 of 1979, as amended, with the fulfillment of other legal conditions that require appeal against the decision before the administrative court.