اعتراض الغير على الحكم الصادر في دعوى الإلغاء “دراسة مقارنة”

Third party objection on judgment issued in cancellation case "A Comparative Study"

The appeal through the third party objection is one of the important procedural issues, as it is the only way of appeal available to a third party to challenge a judgment to which he was not a party in order to ward off its harmful effects, The importance of this appeal is even greater when it comes to judgments issued in the cancellation case, In view of the absolute authority of the cancellation ruling that applies to all, and then its extension to the detriment of others is one of the requirements for the implementation of that authenticity, And despite the fact that this appeal is established in the field of civil judgments in order to protect the personal aspect of the appellant by confirming the rule of relative authenticity of those provisions by returning the judgment to the limits of its relativity when it infringes the harm to others, The authenticity of the judgments was not an obstacle to the permissibility of this appeal, even if it was characterized by absoluteness, Accepting the third party objection will not destroy the absolute authority of the cancellation ruling and will not change the nature of the cancellation case as a substantive case, There is no contradiction between this appeal and the aforementioned characteristics of the cancellation case, However, in order to prevent this conflict, the objection of third parties should enjoy privacy when it relates to the judgments issued in that case, whether it is in terms of the conditions or effects of this appeal, The objective nature of the annulment lawsuit had a clear effect on restricting the possibilities of achieving these conditions, in addition to the absolute effect of the judgment issued as a result of the third party objection, This is in contrast to what is the situation in the field of civil judgments in which that effect is limited to the objector, The French legislator, as well as the Lebanese legislator, was aware of this peculiarity when organizing the third party objection in the laws of the administrative judiciary, He placed this organization in a general framework, leaving the partial details to the interpretation of the administrative judiciary, This judiciary had an effective effect in taking into account the characteristics of the cancellation case and then highlighting the specificity of the third party objection in the field of judgments issued in this case .
The result of this study showed that the Iraqi legislation suffers from shortcomings in the matter of regulating the third party objection , This is because this appeal is not regulated in the State Council Law, which forced the administrative judiciary to refer to the regulation contained in the Civil Procedure Code, which we found in some of its parts flexibility, allowing the Iraqi administrative judiciary to take into account part of the specificity of the cancellation case, However, this flexibility does not fill this shortcoming in the legislation, In order to respect this privacy, The study recommended that the Iraqi administrative judiciary should pay attention to the flexibility we have shown in the regulation contained in the Civil Procedure Code as a realistic and temporary solution, In addition to the Iraqi legislator’s call to set up a legislative regulation for the third party objection, taking into account the nature of administrative cases and the specificity of the cancellation case .