The Legal Nature of Administrative Dispute

Abstract

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An administrative dispute is every dispute in which two parties are administrative bodies, or one party is an administrative body, which is considered to be an existing dispute by virtue of the administrative activity, and that the activity of the administration, which is the subject of administrative dispute, is what is issued by the management body and it exercises management authority, such as issuing an administrative decision or concluding an administrative contract. And that any appeal against that decision or this contract at any of its stages constitutes a dispute. In addition, it requires distinguishing the administrative work from other works, combining the formal criterion with the substantive criterion, and that the criterion for determining the administrative dispute, and the scope of its application, are determined in The administrative work issued by an administrative authority in direct connection with its administrative guest. This research aims to clarify the terms and characteristics of administrative dispute and types of administrative dispute and Article 7/Second/D of the amended Iraqi State Shura Council Law No. (65) for the year 1979 AD, which stipulated: The Administrative Judiciary Court is competent to consider the validity of administrative orders and decisions issued by employees and bodies in state departments and the public sector...", the dispute outside the jurisdiction of the administrative judiciary to enter into the jurisdiction of the ordinary judiciary, like that of us. The tendencies of individuals governed by civil law, and we have reached the most important results and recommendations, including: The dispute leaves the jurisdiction of the administrative judiciary to enter into the jurisdiction of the ordinary judiciary. The administrative judge plays a positive role in directing administrative procedures, as litigation procedures at the administrative level are distinguished from civil and commercial procedures in The administrative judge is the one who is directed to it. As soon as the case reaches him, he orders the delivery of the lawsuit petition to the defendant, notify the litigants and set a time limit in which to request the submission of the required documents, and assigns the litigants initially and before the first session to prepare everything he deems appropriate and necessary for the lawsuit, and among the most important recommendations: Expand The competencies of the Administrative Judiciary Court to include administrative disputes related to administrative contracts and the material works of the administration.