Research 16 ILIC 2019

Abstract: This research which entitled (Legislative development of the administrative judiciary in Iraq And its parallel in the Kurdistan Region) is a comparative analytical study, this study contains two chapters, at the first, we dealt with development of the administrative judiciary in Iraq, and at the second part we studied how the administrative judiciary in the Kurdistan Region to benefit from the developments in the Iraqi administrative judiciary.
The modern legislative development of the administrative judiciary in the Federal Iraq is reflected in the enacting of Law No. 17 of 2013, the fifth amendment law of the Iraqi State Council Law No. 65 of 1979 and the Law No. 71 of 2017. Under the first law some of its procedural aspects. While in the second law, the name of the State Consultative Council, which represents the administrative judiciary, was changed to the State Council and disengaged from the Ministry of Justice and considered an Independent Commission. This step was taken by the Federal legislature in response to article (101) of the Constitution, which specialized in administrative justice functions. In the Kurdistan Region and under the impact of the first stage of the establishment of the administrative judiciary in Iraq by law No. 106 of 1989 the law of the Shura Council of the Kurdistan Region of Iraq No. 14 of 2008 legislated, which established the administrative judiciary in the region and left the unified justice system and began the dual justice system. But after a decade of the issuance of this law, many developments has occurred on the administrative judiciary in Iraq, but the administrative judiciary in the Kurdistan region remained deficient and suffering from gaps.
Keywords/ Council of State, High Administrative Court, Administrative Judiciary Courts, employees Judiciary Courts, Regional Council of Shura, Administrative Courts, Employees Discipline Commission of the Region.