Realizing the idea of legal security and its applications in the administrative decision | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 8, Volume 12, Issue : 2 part 1, September 2022, Pages 253-280 PDF (1.58 M) | ||
| DOI: 10.37651/aujlps.2023.177028 | ||
| Author | ||
| waleed hassan hameed alziady | ||
| Abstract | ||
| The idea of legal security in all legal fields is an important factor in achieving a degree of relative stability of legal relations. In the field of administrative decision, in addition, it contributes significantly and effectively to the stability of various legal centers, with the aim of spreading security and tranquility among the parties to legal relations from public legal persons. Especially, so that these people can act reassuringly on the guidance of the existing legal rules and regulations at the time of their work and arrange their situation in their light without being exposed to surprises or sudden actions issued by the public authorities that would destabilize this tranquility or storm this stability. This idea has been entrenched in Germany since 1961, as the Federal Constitutional Court demonstrated the constitutionality of this idea, and it was internationally recognized by the Court of Justice of the European Community in its 1962 decision, and its decisions regarding legitimate trust, which are very close to the idea of legal security. The European Court of Human Rights emphasized in 1981 the necessity of legal expectation as a requirement for legal security. | ||
| Keywords | ||
| (legal security; administrative decision) | ||
| References | ||
|
Al-Nadi, F. Administrative Law, Alexandria: Al-Dar Al-Handasia Press, without a year of printing.
Al-Santarisi, A. The Role of the Revocation Judge in Balancing the Principle of Legality and the Principle of Legal Security, 1st edition, Alexandria: Dar al-Fikr al-Jami. (2017)
Ghumaija, A. The Principle of Legal Security and the Necessity of Judicial Security, Baghdad: Casablanca Press. (2008)
Iraqi Civil Service Law No. (24) of 1960, as amended.
Iraqi Council of Ministers Decision No. (81) of 2019.
Law No. (22) of 2008 amending the salaries of state and public sector employees.
Law No. 20 of 2020 establishing the equivalence of Iraqi and Arab academic degrees and certificates.
Muheisen, A. The Balance between the Idea of Legal Security and the Principle of Retroactivity of the Impact of the Judgment of Unconstitutionality", a research published in the Journal of the Kufa Studies Center, University of Kufa, Volume 1, No. 18. (2010)
State Council Board Resolution No. 12/2016 on 2/2/2016. (unpublished).
State Council Board Resolution No. 58/2016 on 30/6/2016. (unpublished).
The administrative decision issued by the Iraqi Ministry of Finance, Legal Department, Public Office No. 58/802 AD No.11900, Feb. 12 (2013)
The administrative decision issued by the Iraqi Ministry of Finance, Legal Department, Public Office No. 58/802 AD No. (22788), March 20 (2013)
The administrative decision issued by the Iraqi Ministry of Finance, Legal Department, Public Office No. 802 No. (15818), July 17 (2018)
The administrative decision issued by the Iraqi Ministry of Higher Education and Scientific Research, Department of Missions and Cultural Relations, Department of Studies Outside Iraq, No. PO Box/43/2054, Jan. 20 (2015)
The administrative decision issued by the Iraqi Ministry of Higher Education and Scientific Research, Department of Scholarships and Cultural Relations, Department of Studies Outside Iraq with the number / P.O. Box / 43/ 7903, Feb. 26 (2015)
The administrative decision issued by the Iraqi Ministry of Higher Education and Scientific Research, Legal and Administrative Department, Human Resources Department with the number S / 4/6 / 13585, Oct. 9 (2015)
The administrative decision issued by the Iraqi Ministry of Higher Education and Scientific Research, Department of Scholarships and Cultural Relations, Department of Studies Outside Iraq with the number / P.O. Box / 43/ 5111, Feb. 23 (2016)
The administrative decision issued by the Iraqi Ministry of Higher Education and Scientific Research, Legal and Administrative Department No. S / 3/1/ 4851, Nov.3 (2019) | ||
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