الصـــلـــح لإنــهــاء الـــدعــوى الإداريـــة (دراســة مقارنـــة)

Rp-Reconciliation to End the Administrative Lawsuit ( A comparative study ).pdf

Abstract
Reconciliation is rightfully considered a means of resolving administrative disputes arising between the administrative authority and those dealing with it, as it an alternative means to judicial ruling and the idea of resorting to it lies in the facilitation of the two disputing parties to reach an amicable solution in which the dispute before the court is resolved after the judicial procedures have become long and complex that require quite a bit of time to resolve. The judicial ruling may be inappropriate for some parties to the litigation after its issuance, as it is necessary to think about an alternative means to resolve the conflict more easily and in a shorter time period that confirms the preservation of friendship and harmony between the litigants after resolving the conflict, and reconciliation is the closest to including all the advantages of the above. However, a question may arise about the legitimacy of the administration’s move towards reconciliation…?
It became clear to us from the research that reconciliation is permissible for the administration, whether it was before the court’s contact with the case or during, as it is permissible for the administration and those dealing with it to conclude reconciliation according to the controls and instructions approved by the legislator. The fact that there are topics in which the administration is prohibited from concluding the reconciliation due to its relation with the public order, or for its exclusive involvement in the activity of the administration, which does not need the permission of others.
Administrative reconciliation finds its home in civil legislation, so it raised a problem that we encountered by not taking into account the privacy of the administration center and the nature of its work,whereas what is applied to the administration is applied to relations between individuals, especially the Iraqi legislator, who does not take into account that difference at all, as the Iraqi legislator still adheres to the idea of the jurisdiction of the ordinary judiciary to consider all disputes arising from administrative contracts and to settle them judicially or amicably. Therefore, among the solutions we reached was to restore the jurisdiction of the administrative courts (the Court of Administrative Judiciary) by granting them the jurisdiction to adjudicate all disputes arising from administrative contracts, including the procedure for amicable settlement. The idea of settling administrative disputes through reconciliation has not yet matured sufficiently, as we need today, more than ever, a law that simplifies the settlement of disputes amicably so as not to diminish the judicial aspect, rather, due to the large number of cases before it, in addition to the administrative disputes that cannot be delayed for adjudication due to their connection to the provision of public service, the best solution is to legislate a law that regulates the process of resorting to reconciliation and the method of conducting it in a manner that guarantees the satisfaction of the two parties on the one hand, and to ensure the continuity of providing public service without interruption on the other.