The Faculty of Law, University of Karbala, discussed the doctoral thesis tagged (the incident administrative case – a comparative study -) the thesis submitted by the student Atheer Nazim Hussein.
The thesis aimed to highlight the role of the administrative judiciary is looking into the administrative cases that occurred; Because of the justice achieved in ensuring the right to litigation in its broadest sense, as well as protecting legitimate rights and not wasting any of them, the research also aims to prove that the administrative lawsuit that occurs when its conditions are met and following the legally defined procedures before the competent courts will result in legal effects that will cause changes to The original lawsuit, as well as a change in the legal positions of individuals and management.
As the legislator has departed from this principle, by giving the right to institute other lawsuits related to the original lawsuit and branching from it. Sometimes this lawsuit is instituted by the plaintiff, the defendant, or the intervention or involvement of others in the original lawsuit; In order not to deprive any of them of the opportunity to protect their legitimate interests.
The researcher reached a number of conclusions and recommendations, the most important of which are: The incident administrative lawsuit was initiated with the aim of protecting rights and legal positions from the danger of assaulting them, by providing the opportunity for the parties to the litigation and others to submit requests after filing the original lawsuit. It was found that the incident administrative lawsuit is characterized by a number of features that would distinguish it from some procedural legal systems. It also became clear that the law of the Iraqi State Council included a clear deficiency in not regulating the procedural rules, and referring it to the general rules, while we found its Egyptian counterpart to a large extent referred to important procedural provisions in the law of the State Council, and when looking at the French law, we find that the legislator issued the special code The administrative judiciary that included the procedural provisions applied before the administrative judiciary. Therefore, we call on the Iraqi legislator to add a text to the State Council law specifying the cases of recent cases submitted by the plaintiff to the State Council courts.
