The end of the administrative dispute before the administrative judiciary in Iraq

Abstract

Administrative litigation is the means by which a lawsuit is submitted to the administrative judiciary, and it consists of a set of procedures that aim to resolve the dispute and apply the rule of law to it to protect the right. It is considered the most important topic of administrative judiciary, as the administration is a party to the dispute. However, the Iraqi legislator did not pay attention to administrative litigation and made the law The current Civil Procedures No. 83 of 1969, as amended, is the reference in this matter even before the administrative judiciary, because there is no law specific to administrative procedures. Administrative litigation is the effect resulting from filing a lawsuit, which focuses on the judicial claim and includes specific conditions that the opponents and the judge adhere to until the lawsuit is decided and expired with the issuance of the lawsuit. It is decided by the judge, which is the natural way to end the dispute between the administration and the individuals. However, the dispute may not proceed normally, but rather, symptoms occur that lead to its expiration. A procedural expiration does not end the dispute unless the case is prepared for adjudication, such as the ruling after jurisdiction of the case and the ruling not to accept the case. Nullification, as if the dispute did not occur, abandonment, the plaintiff’s waiver of the claimed right, and the plaintiff’s submission to the lawsuit by settlement, and extinction, may be either procedural or substantive, by which the dispute ends once and for all