The legal nature of suspending t The legal nature of suspending the implementation of administrative decisions in the Iraqi judicial system: A comparative study

The legal nature of suspending the implementation of administrative decisions in the Iraqi judicial system: A comparative study

Abstract

This research examines the legal nature of suspending the execution of administrative decisions in the Iraqi judicial system, within a comparative framework with the Egyptian and Jordanian systems. The importance of this topic lies in its role as a judicial safeguard for protecting individuals against administrative abuse, by temporarily halting the implementation of administrative decisions until their legality is determined. The findings indicate that, despite the legislative reforms in Iraq after 2003 with the establishment of a dual judiciary, the current system still lacks explicit provisions regulating the conditions for suspension of execution, which has resulted in inconsistent judicial interpretations. The comparative analysis with Egypt and Jordan shows that clear legislative texts and the expansion of urgent administrative jurisdiction strengthen judicial protection and achieve a better balance between public interest and individual rights. The study concludes with recommendations, most notably: amending the Iraqi State Council Law to explicitly regulate the conditions of suspension, unifying judicial standards regarding urgency and seriousness, and benefiting from comparative experiences in Egypt and Jordan to enhance the effectiveness of administrative justice in Iraq.