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The position of the judiciary on the request to suspend the implementation of administrative decisions in Iraq and the Kurdistan Region (Analytical Study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 15, Volume 14, Issue: 2 part 2, December 2024, Pages 351-392 PDF (754.25 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.152548.1324 | ||
| Author | ||
| Faris Ali Jangeer* | ||
| University of Duhok | ||
| Abstract | ||
| The administration enjoys broad powers and privileges in the field of administrative decisions, such that it can cancel, withdraw, or consider the administrative decision issued by it as if it did not exist. It also has the right to stop the implementation of the administrative decision it issued, according to what it estimates, in order to achieve the public interest, although the public rule in the enforcement of administrative decisions is that they produce their legal effects from the moment of their issuance, and that challenging them through a cancelation suit does not hinder their implementation. The principle is that filing a lawsuit to cancel the administrative decision does not result in stopping the implementation of the contested administrative decision. However, there are exceptions to this rule, which is known as the system of stopping the implementation of administrative decisions, in order to limit the serious damage that may befall the individual when the administration implements the contested administrative decision and the impossibility of returning the situation to what it was before the implementation of the decision, as well as in order to provide the necessary protection for opponents and guarantee their rights without prejudice to the public interest and obstructing the activity of the administration. | ||
| Keywords | ||
| Suspension of administrative decision implementation; urgency; seriousness; grievance against the decision to suspend implementation; appeal against the decision to suspend implementation | ||
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