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Litigation Using Electronic Means in Administrative Cases | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 2, Volume 16, Issue: 2 part 2, December 2025, Pages 27-42 PDF (767.8 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.165860.1464 | ||
| Author | ||
| Abdul-Hussein Abdul-Nour Hadi Al-Jubouri* | ||
| University of Babylon / College of Law | ||
| Abstract | ||
| Recent years have witnessed a significant shift in litigation mechanisms, as technological developments and emergency conditions - foremost of which is the COVID-19 pandemic - have imposed the need to search for electronic alternatives that contribute to ensuring the continuity of justice. The issue of litigation through the use of electronic means in the administrative lawsuit represents a paradigm shift in legal and procedural thought, because of the challenges it entails related to the extent of its legitimacy, its guarantees, its impact on the principle of publicity of hearings, the rights of defense, and the principle of equality between opponents. This research seeks to explain the legal basis for the adoption of electronic means in the consideration of the administrative lawsuit, with the analysis of comparative national legislation that have taken different steps towards the adoption of this system, as well as studying the role of the administrative judiciary in consecrating and controlling this mechanism in order to achieve a balance between the effectiveness of justice and the speed of resolving disputes, and between preserving the rights and freedoms guaranteed to litigants. The study concluded that the adoption of electronic litigation in administrative disputes has become a necessity imposed by the requirements of the age, but it remains conditional on the existence of an integrated legislative framework that determines its procedural and technical controls, and ensures cybersecurity standards, order to ensure the confidence of individuals in the justice of electronic justice and preserves the principle of the rule of law. | ||
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