16 Jan 2022

The Faculty of Law at the University of Karbala discussed the master’s thesis tagged: “The apparent competence and its impact on the administrative decision” (a comparative study). The message was submitted by the student Ali Moneim Aziz Karim.
The study aimed to show that administrative decisions are either correct and in agreement with the principle of legality and the texts of the law, or they are illegal (invalid) decisions. When the employee performs the work of his job, it may happen that he exceeds the limits of the competencies specified for him, or there is a mistake in his assumption of the job or the exercise of the competencies that he It empowers him, as sometimes happens, to solve emergency circumstances, so a person puts himself in the public office and takes administrative decisions, and what has been presented is considered an application of the apparent theory, specifically the apparent jurisdiction.
The study showed that since the rules of the law are not the end but rather the means to achieve the public interest, and since the violation does not involve intentionality, fraud and deception, it was necessary to deal with its effects at least to preserve the acquired rights of third parties. Certain terms and conditions become a given.
In the conclusion, the researcher reached a number of results and proposals, the most important of which is that the apparent jurisdiction is a judicial theory whose aim is to provide protection for third parties who have acquired rights from the decisions issued in accordance with it, by devising solutions to the problems that obstruct the work of the public administration, including the problem of the non-specialist taking administrative decisions, As a result, negative meaning of violating the provisions of the law is achieved, and a positive meaning that is embodied in meeting the needs of individuals, accomplishing their transactions and satisfying their needs.


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