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Electronic administrative decision as a subject to appeal for cancellation – analytical study | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 15, Volume 16, Issue: 1 part 2, June 2025, Pages 361-378 PDF (670.31 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.187080 | ||
| Author | ||
| Blnd Ahmed Rasul Agha* | ||
| Electronic department, Bakrajo technical institute, Sulaimani polytechnic university, Sulaiamani, Kurdistan region, Iraq | ||
| Abstract | ||
| The electronic administrative decision is considered one of the latest forms of the administration exercising the control authority granted to it by law, and it is one of the requirements for enabling the administration to carry out its functions in our modern era, so that it can carry out its tasks and manner that consistent with the developments that we find in the life of individual and the state. This form of administrative decision did not differ from the traditional decision in its content and legal concept although there were some characteristics that were introduced due to the existence of electronic systems and communications networks that carry out the procedures for issuing the electronic administrative decisions instead of the component administration itself, and announce it to those who are addressed, which can be considered a development that affected the external pillars of the administrative decision, and made it somewhat different from the traditional administrative decision that the administration issues on paper and announces using traditional methods. However, it didn’t exempt the administration from adhering to the legal and judicial principles that require legitimacy in the administrations legal work, and therefore the decision is not issued. The electronic administrative system is within the scope of the administrative judiciary’s control, and it is not fortified from being appealed in annulment, the condition that the pillars of the decision are met remains a condition for its existence and for it to produce the legal effects that the administration intended to create when issuing | ||
| Keywords | ||
| Electronic administrative decision; appeal for cancellation; Legitimacy of electronic administrative decision | ||
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