الدعوى الإدارية الحادثة “دراسة مقارنة”

The Instant Administrative Case"A Comparative Study"

This study relates to one of the procedural issues, which is not regulated by the Iraqi legislator in the amended State Council Law No. (65) of 1979. was refered the amended Civil Procedures Law No. (83) of 1969, where the administrative lawsuit, that occurred during the consideration of the originat issue of litigation, is filed by the Personnel Judiciary Court or the Administrative Cour this reffered process is which one of the means permitted by the Iraqi legislator to achieve economy in expenditures It also. After the availability of these reasons and conditions, the specialiced court shall consider the lawsuit subject ,and discuss the requests and defenses, this is done in order to issue ,sentence, along with the possibility of appealing to the party against whose the judgment was issued. Issueis presented in front of the before the specialized court of appeal according to the methods permitted by law.
This study indicat that the Iraqi legislation suffers from a legislative shortcoming in terms of organizing the incident administrative case, which forced the administrative judiciary to return to the general procedural rules in order to confront the requests submitted during the consideration of the issue of the original litigation, in addition to that the pleadings law did not address some cases when organizing the incident lawsuit. Therefor, the study recommends the development of a legislative organization that defines the litigation procedures before the courts of the State Council as well as the development of an organization for the incident administrative lawsuit for its importance in reducing the number of disputes before the administrative court and adjudicating them simultaneously with the original lawsuit