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فاعلية الطعن لمصلحة القانون أمام القضاء الإداري وضرورته في تجسيد مبدأ المشروعية -دراسة مقارنة-
https://doi.org/10.23918/ilic9.51
Keywords: effectiveness, interest of the law, interest of opponents, legal positions, administrative judge, relative legitimacy.
PROCEEDINGS OF 9th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law, Tishk International University
Date:27-28. February 2025
Venue: Kurdistan Region- Erbil, Iraq
ISBN: 979-8-9890269-3-7
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Muwaffaq Ali Hassoun
Sunni Endowment Diwan
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Abstract
Man has always strived to establish the highest legal legislation and amend it repeatedly to achieve the best protection for his various relationships or to organize them, especially those legislations that organize the work of the judiciary, so he invented methods of challenging judicial rulings, including challenging in the interest of the law. This challenge has remained the last bastion for the integrity and validity of judicial rulings, whether in the ordinary judiciary or the administrative judiciary, but the latter has special features that make this challenge more effective than in the ordinary judiciary, and at the same time make it a special necessity in the administrative judiciary, because the administrative judiciary is a constructive judiciary characterized by flexibility and the administrative judge has special freedom in managing and directing the administrative lawsuit, in addition to the different nature of the parties to the administrative lawsuit and the difference in their influence on the administrative lawsuit, all of this achieves a distinctive effectiveness for challenging in the interest of the law before the administrative judiciary in achieving the principle of legitimacy, which makes it more necessary than the ordinary judiciary in purifying the rulings of the administrative judiciary from any errors that may taint them. The legitimacy achieved by the appeal in the interest of the law differs between the administrative judiciary in Iraq and the administrative judiciary in France, and the reason for that is due to the philosophy of the legislator in these two countries in protecting the established legal positions and the means of balancing them with achieving full legitimacy, so the organization of this appeal differs in the legislation of Iraq and France.
قائمة المصادر
أولاً: الكتب
ثانياً: الأبحاث والاطاريح
رابعاً: القوانين
خامساً: القرارات القضائية
سادساً: مواقع الأنترنيت
سابعاً: المصادر الأجنبية