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Administrative Judiciary and the Mechanism for Establishing a Balance of Interests in the Field of Administrative Enforcement | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 20, Volume 15, Issue: 2 part 1, September 2025, Pages 521-543 PDF (660.2 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.161215.1543 | ||
| Authors | ||
| Walid Khashan Zaghir* 1; Ruqaya Adel Hamza2 | ||
| 1جامعة ذي قار/ كلية القانون | ||
| 2College of Law / University of Thi-Qar | ||
| Abstract | ||
| This study addresses the mechanism through which a balance is established between the administration’s prerogative to directly enforce its decisions and the protection of the interests of individuals adversely affected by such decisions. It examines both the direct enforcement of administrative decisions and the non-suspensive effect of judicial appeals, as well as the potential risks these mechanisms may pose to individual interests. The research highlights the extent to which administrative courts effectively contribute to achieving a fair equilibrium between, on the one hand, the administration’s authority to impose its decisions and, on the other, the need to safeguard individuals’ rights and interests against unlawful infringement. In essence, it seeks to clarify the role of administrative justice in reconciling public interest with private interests. One of the privileges enjoyed by the administration when it resorts to implementing its decisions is the privilege of direct implementation. Furthermore, appealing administrative decisions does not suspend their provisions nor prevent their application to those addressed by them unless the administrative judge finds otherwise. These privileges of the administration may have a negative impact on the rights and freedoms of individuals, thus disrupting the balance required to be achieved between the public interest and private rights and interests, which demonstrates the importance of restoring that balance by the administrative judiciary in order to achieve a balance between the public and private interest alike. | ||
| Keywords | ||
| Direct enforcement; interest; balance; administrative decision | ||
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