Liability For Failure To Implement Decisions Of The Supreme Administrative Court In Iraq

Abstract

This research highlights the responsibility resulting from the failure to implement the decisions of the Supreme Administrative Court in Iraq. This court was established in accordance with the Fifth Amendment Law to the State Council Law No. (17  of 1933, and it was granted powers and its structure was drawn up in accordance with this law, as the judicial department was among the council’s departments, which consists of (the Supreme Administrative Court, the Administrative Judiciary Courts, the Disciplinary Courts and the Administrative Courts .

The legislator has noted that the ordinary courts cannot achieve the desired justice sought by the employee due to the development of life in all areas, which has led to an increase in problems that arise between individuals, between institutions, or between institutions and individuals. This makes the ordinary judiciary late in resolving disputes, which required the creation of other courts parallel to the ordinary courts that are concerned with resolving disputes that occur in an important aspect, which is the administrative aspect. Thus, these courts contribute to reducing the burden on the ordinary courts. Therefore, the legislator concluded by legislating laws that regulate the work of these courts, as State Council Law No. (65  of 1979 was legislated, which regulated the work of the State Council in Iraq, and several amendments were made to it that contributed to Iraq’s transition from a unified judiciary system to a dual judiciary. This transition contributed to the formation of the Supreme Administrative Court, which is resorted to to appeal the decisions of the administrative judiciary courts, as the effects of this appeal are represented by the implementation of the decisions of this court and the penalty resulting from failure to implement.