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Third party intervention in administrative proceedings | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 4, Volume 15, Issue: 2 part 2, December 2025, Pages 87-105 PDF (646.5 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.165233.1594 | ||
| Author | ||
| Thamer Mohammed Rakhis* | ||
| University of Kufa / College of Law | ||
| Abstract | ||
| Intervention in administrative litigation is a procedural matter with a profound impact on the administrative judicial system. It constitutes an important means of expanding the scope of litigation, allowing the involvement of all potential or existing legal interests in the proceedings, thus strengthening the principles of administrative justice and guaranteeing fair litigation. Despite the importance of this procedure, Iraqi legislation has not specifically regulated it within the administrative judiciary laws. This has led to the adoption of the provisions of the Civil Procedure Code, while taking into account the specificity and procedural nature that distinguishes administrative judiciary from other jurisdictions. The study demonstrated that the acceptance of Intervention is conditional upon the existence of a real and direct legal interest of a third party. The intervention request must be submitted during the case review phase and before the closing of the pleadings, and the intervention must not be likely to impair the proper administration of justice or harm the interests of the parties to the original lawsuit. The study also sheds light on the various forms of intervention, distinguishing between joinder intervention, which is limited to supporting one of the parties without submitting specific requests, and independent intervention, which includes claiming individual rights that give the intervener the status of the original party in the litigation. The study also addressed the procedural aspect, | ||
| Keywords | ||
| Third party Intervention; administrative action; joinder intervention; litigation intervention; expansion of the scope of the dispute | ||
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