Manifestations Of The Weak Implementation Of Administrative Judicial Rulings In Iraq And Their Impact On The Principle Of The Rule Of Law: Legal Analytical Study
DOI:
https://doi.org/10.55640/jsshrf-05-08-14Abstract
The obstacles to implementing administrative judicial rulings in Iraq are not incidental or circumstantial. Instead, they are structural impediments that highlight the need for profound legal and institutional reform. Moreover, the success of the implementation process is not limited to the issuance of rulings; rather, it depends on the existence of a legal, regulatory, and cultural environment that fosters respect for the judiciary and compels the administration to comply with its rulings.
However, addressing the crisis of implementing administrative rulings in Iraq requires comprehensive legislative and institutional efforts, beginning with a strong political will to reform the administrative and legal system and ending with building a societal culture that respects the judiciary and believes that implementing rulings is a national duty that cannot be neglected.
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See the text of Article (164) of the Iraqi Civil Procedure Code No. 83 of 1969, as amended.
Judge Medhat Al-Mahmoud, Explanation of the Enforcement Law, Encyclopedia of Laws, Sabah Al-Anbari Publisher, Baghdad, 2008, p. 18.
Saeed Al-Wajani, an article published on the website.
https://www.ahwar.org/debat/show.art.asp?aid=253587
Dr. Mazen Lilo Radi, A Brief History of the Libyan Administrative Judiciary, University Publications House, 2003, p. 7.
Dr. Hosni Saad Abdul Wahid, Implementation of Administrative Judgments, National Defense Council Press, Cairo, 1984, p. 16.
Dr. Ghazi Faisal Mahdi - Dr. Adnan Ajil Obaid, Administrative Judiciary, First Edition, Baghdad, 2012, p. 117.
Abdullah Kamel Muhadeen, "What is meant by compulsory execution?" An article published on the Mohamah.net website, reviewed on Saturday, June 7, 2025, at 10:00 PM, available at www.mohamah.net/law/.
Malika Hajjaj, "Problems of Enforcing Administrative Judicial Decisions Against the Administration," Faculty of Law and Political Science, Ziane Achour University, Djelfa, Journal of Legal and Political Thought, Volume 6, Issue 1, 2022, p. 44.
Nabila Ben Aisha, "The Development of the Legal Framework for the Implementation of Judicial and Administrative Decisions," Master's Thesis, University of Algiers, Faculty of Law, Ben Aknoun, 2010, p. 47.
Mansour Ibrahim Al-Atoum, "The Extent of the Authority of the Annulment Judge to Issue Orders to the Administration to Ensure the Implementation of His Ruling," Analytical and Comparative Study, Dirasat Journal, Volume 42, Issue 1, Issue 35. Also, Dr. Sami Jamal Al-Din, "Control of Administrative Actions," Distributed by Dar Al-Kotob Al-Hadith, p. 1.
Nabila Bin Aisha, previous reference, p. 51.
Dr. Suleiman Muhammad al-Tamawi, Administrative Judiciary, Book Two, Compensation Judiciary and Methods of Appealing Judgments, 1st ed., Dar al-Fikr al-Arabi, Cairo, Egypt, 1986, p. 101. (Also see: Dr. Talat Duwaidar, The General Theory of Judicial Enforcement: A Comparative Study, 2nd ed., al-Halabi Legal Publications, Beirut, Lebanon, 2011, p. 158.
Abdul-Azim Salah Youssef, The Impact of Administrative Judiciary on Administrative Activity in the State, Alexandria, Dar al-Fikr al-Jami'i, 2007, p. 333.
Muhammad Bahi Abu Yunus, The Penalty of the Penal Code, Dar al-Jami'iyya al-Jadida, Alexandria, 2001, p. 139.
Wissam Sabbar al-Ani, Administrative Judiciary, Dar al-Sanhouri, Beirut, 2020, p. 32.
The facts of this case concern a collision between a privately owned vehicle and another belonging to a government agency, resulting in injury to one of the passengers. This prompted the passenger to file a compensation claim against the private vehicle driver before the civil court, which ruled that it had jurisdiction but dismissed the case on the merits, based on the lack of liability of the driver of the government vehicle. Therefore, both courts ruled that they had jurisdiction to hear the dispute, but they both ruled to dismiss the case on the merits. Therefore, it is clear that there is a contradiction between the two rulings, as neither of them denies the existence of a person responsible for the damage, even though there must be a responsible person. This leads to a denial of justice.
Judge Madhat Al-Mahmoud, The Independence of the Judiciary in Iraq and the Permanent Role of the Constitution in Protecting Judicial Independence, Iraqi Judicial Center for Studies and Documentation, International Information Network https://www.iraqijudicature.org/researches.html
Article (31) of the Iraqi State Shura Council Law No. (65) of 1979, as amended.
Mohamed Saeed Al-Laithi, The Administration's Refusal to Implement Administrative Rulings Issued Against It (Methods, Reasons, and How to Confront Them), A Comparative Study, Dar Al-Fikr Wal-Qanoon for Publishing and Distribution, Mansoura, Egypt, 2009, p. 183.
Wissam Sabbar Al-Ani, op. cit., p. 32.
Saad Dwaihi Al-Subaie, Compensation for Administrative Decisions, PhD Thesis, Faculty of Law, Cairo University, 2012, p. 501.
Abdel-Azim Salah Youssef, The Impact of Administrative Judiciary on Administrative Activity in the State, Dar Al-Fikr Al-Jami'i, Alexandria, 2007, p. 333.
Majd, Khader (2021), Administrative Control, an article published on the Mawdoo3 blog, published at the following link: https://mawdoo3.com/. (Basyouni Mohamed El-Baradei, Developing Human Resource Planning Skills, First Edition, Eptrack Printing and Publishing, Egypt, 2005, p. 40). - Abdelghani Abboudi, Obstacles to University Administration in the Arab World, no publisher, 2001, p. 27.
Hamdi Yassin Okasha, Administrative Rulings in the State Council Judiciary, Alexandria, Manshaat Al-Maaref, 1997, p. 301.
Darqawi Siddiq, Problems of Implementation in Administrative Matters, Master's Thesis, Faculty of Law and Political Science, Abdelhamid Ibn Badis University, Mostaganem, 2019, p. 29.
Fayez Al-Sayed Gad Al-Lamsawe and Dr. Ashraf Fayez Al-Lamsawe, General Provisions for the Crime of Failure to Implement Judgments and Orders Contained in Article 123 of the Penal Code and the Counterclaim Therein, third edition, Dar Imad for Publishing and Distribution, no place of publication mentioned, 2013, p. 26.
Abdelghani Basyouni Abdullah, Political Systems and Constitutional Law, Dar Al-Maaref for Publishing and Distribution, Alexandria, 1997, p. 172.
Jassim Muhammad Al-Dhahabi, previous reference, p. 219.
Itahin Ghania, The Importance of Administrative Decisions and Their Role in Creating Job Satisfaction Within the Organization, Al-Hikma Journal of Social Studies, Volume 2, Issue 4, Department of Sociology, University of Blida, June 2016, p. 256.
Maha Abdul Rahim Al-Zahrani, Administrative Responsibility for Non-Enforcement of Judicial Rulings in the Saudi System, A Comparative Study, Dar Al-Kitab Al-Jami'i, 2017, p. 87.
Manal Daoud Al-Aqidi, The Concept and Conditions of an Enforceable Judicial Ruling According to Enforcement Law No. 45 of 1980, an article published on the Legal Consultations website, reviewed on October 28, 2023, at 8:00 AM, available at https://www.mohamah.net/law.
Fawzat Farhat, General Administrative Law, Book Two, Zain Legal Publications, Beirut, 1st ed., 2004, p. 257.
Mazen Lilo Radi, Administrative Judiciary According to the Law of the Iraqi International Council, Erbil, 1st ed., 2009, p. 279.
Dr. Suleiman Al-Tamawi, Administrative Judiciary, Book One: Annulment Judiciary, p. 450.
Mansour Ibrahim Al-Atoum, The Extent of the Annulment Judge's Authority to Issue Orders to the Administration to Ensure the Implementation of His Ruling: A Comparative Analytical Study, Dirasat Journal, Volume 42, Issue 1, p. 35.
First: Legal Books
- Dr. Hosni Saad Abdel Wahid, Implementation of Administrative Judicial Rulings, National Defense Council Press, Cairo, 1984.
- Hamdi Yassin Okasha, Administrative Rulings in the State Council Judiciary, Alexandria, Manshaat Al-Maaref, 1997.
- Dr. Sami Gamal El-Din, Supervision of Administrative Actions, distributed by Dar Al-Kotob Al-Hadith.
- Dr. Suleiman Muhammad Al-Tamawi, Administrative Judiciary, Book Two, Compensation Judiciary and Methods of Appealing Judgments, 1st ed., Dar Al-Fikr Al-Arabi, Cairo, Egypt, 1986.
- Dr. Suleiman Al-Tamawi, Administrative Judiciary, Book One: Annulment Judiciary.
- Dr. Talat Duwaidar, The General Theory of Judicial Enforcement: A Comparative Study, 2nd ed., Al-Halabi Legal Publications, Beirut, Lebanon, 2011.
- Abdel-Azim Salah Youssef, The Impact of Administrative Judiciary on Administrative Activity in the State, Alexandria, Dar Al-Fikr Al-Jami'i, 2007.
- Abdel-Azim Salah Youssef, The Impact of Administrative Judiciary on Administrative Activity in the State, Dar Al-Fikr Al-Jami'i, Alexandria, 2007.
- Abdel-Ghani Abboudi, Obstacles to University Administration in the Arab World, no publisher, 2001.
- Abdel-Ghani Basyouni Abdullah, Political Systems and Constitutional Law, Dar Al-Maaref for Publishing and Distribution, Alexandria, 1997.
- Judge Medhat Al-Mahmoud, Explanation of the Enforcement Law, Encyclopedia of Laws, Sabah Al-Anbari Publishing House, Baghdad, 2008.
- Dr. Mazen Lilo Radhi, A Brief Introduction to Libyan Administrative Judiciary, University Publications House, 2003.
- Muhammad Bahi Abu Younis, The Threatening Fine, New University House, Alexandria, 2001.
- Muhammad Saeed Al-Laithi, The Administration's Refusal to Implement Administrative Rulings Issued Against It (Methods, Reasons, and How to Confront Them), A Comparative Study, Dar Al-Fikr Wal-Qanun for Publishing and Distribution, Mansoura, Egypt, 2009.
- Maha Abdul Rahim Al-Zahrani, The Administration's Responsibility for Non-Implementation of Judicial Rulings in the Saudi System, A Comparative Study, University Book House, 2017.
- Mazen Lilo Radhi, Administrative Judiciary According to the Law of the Iraqi International Council, Erbil, 1st ed., 2009.
- Wissam Sabbar Al-Ani, Administrative Judiciary, Al-Sanhouri House, Beirut, 2020.
- Nabila Ben Aisha, Development of the Legal Framework for Implementing Judicial and Administrative Decisions, Master’s Thesis, University of Algiers, Faculty of Law, Ben Aknoun, 2010.
Second: University Theses
- Darqawi Siddiq, "Improblems of Implementation in Administrative Matters," Master's Thesis, Faculty of Law and Political Science, Abdelhamid Ben Badis University, Mostaganem, 2019.
- Saad Dhuwaihi Al-Subaie, "Compensation for Administrative Decisions," PhD Thesis, Faculty of Law, Cairo University, 2012, p. 501.
Third: Legal Legislation
- Implementation Law No. (45) of 1980.
- Iraqi Civil Procedure Code No. 83 of 1969, as amended.
- Iraqi Council of State Law No. (71) of 2017.
Fourth: Magazines and Periodicals:
- Itahin Ghania, "The Importance of Administrative Decisions and Their Role in Creating Job Satisfaction Within Organizations," Al-Hikma Journal of Social Studies, Volume 2, Issue 4, Department of Sociology, University of Blida, June 2016.
- Jassim Muhammad Al-Dhahabi, Administrative Corruption in Iraq: Its Economic and Social Cost, the tenth symposium in a series of symposia held by the Consulting Office, College of Administration and Economics, University of Baghdad, 2005.
- Mansour Ibrahim Al-Atoum, The Extent of the Authority of the Annulment Judge to Issue Orders to the Administration to Ensure the Implementation of His Ruling, A Comparative Analytical Study, Dirasat Journal, Volume 42, Issue 1.
- Malika Hajjaj, Problems of Implementing Administrative Judicial Decisions Against the Administration, College of Law and Political Science, Ziane Achour University, Djelfa, Journal of Legal and Political Thought, Volume 6, Issue 1, 2022.
Fifth: Websites
- Saeed Al-Wajani, an article published on the website. https://www.ahwar.org/debat/show.art.asp?aid=253587
- Abdullah Kamel Muhadeen, "What is meant by compulsory execution?" An article published on the Mohamah.net website, reviewed on Saturday, June 7, 2025, at 10:00 PM, available at www.mohamah.net/law//:https:
- Judge Medhat Al-Mahmoud, "The Independence of the Judiciary in Iraq and the Role of the Permanent Constitution in Protecting Judicial Independence," Iraqi Judicial Center for Studies and Documentation, International Information Network https://www.iraqijudicature.org/researches.html
- Majd, Khader (2021), "Administrative Control," an article published on the Mawdoo3 blog, published at the following electronic link: https://mawdoo3.com/. (Basyouni Muhammad Al-Baradei. Developing Human Resources Planning Skills, First Edition, Ebtrak Printing and Publishing, Egypt, 2005, p. 40).
- Manal Daoud Al-Aqidi, The Concept and Conditions of an Executable Judgment According to Enforcement Law No. 45 of 1980, an article published by her on the Legal Consultations website, reviewed on 10/28/2023, at eight o’clock in the morning, available at the link: https://www.mohamah.net/law.
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