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Implementation of the rule cancellation of the Administrative Justice (comparative study) | ||
| Risalat al-huquq Journal | ||
| Article 8, Volume 1, Issue 2, 2009, Pages 184-211 PDF (0 K) | ||
| Author | ||
| alaa abrahem mahmod | ||
| Abstract | ||
| ِAbstract Cancellation claim mostly ended by issuance of judicial ruling often benefit the abolition of on administrative decision contrary to law , and then start anew phase is the implementation phase of the rule of cancellation , the administrative body is committed to take specific actions to ensure the implementation of the judicial ruling The most important of which is the publication of an administrative decision instead of an eliminated one , the management is committed to bring the claim to what it was before the issuance of the decision by retroactive effect. A theological controversy in the framework of commitment of the management in the implementation and whether it has a nature revealing only the non-legitimacy that accompanied the decision from the day of its issuance or it has a creator effect ,thus the rule of cancellation creates anew legal status since its release . The responsibility of the management and the employee that responsible for implementation in case of refusal from implementation of the rule of cancellation and in case of inaction or slowdown it is possible to move a criminal claim against him under the provision of article 329 of the Iraqi penal code , and its possible to raise his disciplinary responsibility from the department side itself , as result its possible to punish him in disciplinarian way for the breach of his duties . Also it is possible to raise the management responsibility for the delay in the implementation of the cancellation rule and moving claim against them in front of administrative judiciary for asking a compensation also the administrative judiciary can be judged in addition to the compensation by canceling the negative administrative decision that result from the refusal as well as a fine for each day when the administration does not comply with the rule of law and justice . | ||
| Keywords | ||
| Rule cancellation | ||
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