استئخار الدعوى الإداريّة للفصل في مسألة أوليّة "دراسة مقارنة"

Abstract

Within the scope of the administrative case, the litigants seek to resolve its procedures in order to reach the final ruling that would protect their legal positions. Therefore, they are keen to submit specific requests or pleadings that would contribute to the build of the judge's conviction to resolve the case in their favour, and to prove that the legal action issued by the administrative authority was not be legitimate.

In line with the foregoing, the Iraqi legislator adopted the provisional suspension system (delaying) by temporarily suspending the litigation procedures due to a related litigation within the jurisdiction of another court, which may be civil, criminal or constitutional. And waiting to a final judgment in it that would affect the considered administrative case and prevent inconsistency in the judgments issued by the Iraqi courts that would make some of the litigants in a state of denial of justice as they are required to implement contradictory judgments. The regulation did not address the legal effects of the court’s decision to suspend in cases of the opponent’s failure to complete the procedures related to filing a lawsuit regarding the initial issue, or submitting the request to detriment of the other litigant in order to delay the resolve  the case, but it did not address the case of the urgent and non-contentious judicial, in addition, the fate of the administrative decision or the contract subject of the administrative case was not regulated during the delaying stage, pending a judgment will be issued by another court.