The end of administrative disputes by withdrawing Administrative decision | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 22-61 PDF (896.14 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.140811.1019 | ||
| Authors | ||
| Dana Weli M.Shareef* 1; Mohammed Saleem .2 | ||
| 1Charmo University | ||
| 2Sulaimani Polytechnic University-Chamchamal Technical Institute-Business Administration | ||
| Abstract | ||
| Abstract Analogous to other types of disputes, the administrative disputes relevant to administrative decisions definitely have an end. Generally, several ways to end these disputes exist, either by the wills of both dispute's parties or by the unilateral will from one of them. This research, however, studies the end of administrative disputes through the unilateral will of administration (as one of the parties of the dispute) by withdrawing its decisions subject to the disputes. Despite its simplicity and time-saving characteristics, this way of ending disputes yet faces multiple problems including its apparent contradiction with both principles of non-retroactivity of administrative decisions and acquired rights. Thus, achieving a balance between these two later principles on the one hand, and the principle of legality on the other, requires a detailed study to reach appropriate legal solutions. The research concludes that the administrative disputes relevant to administrative decisions can be ended by withdrawing the decisions, provided that the withdrawal is concluded within the legal period for contesting the decisions, taking account of the exceptions available in this regard. It recommends the amendment of Article 7(seventh) of the Iraqi Council of State Law No. 71 of 2017, by adding a new paragraph separates between continuous and non-continuous decisions, as the lapse of judicial contest period does not provide immunity to the former ones. Additionally, it also recommends providing the administration the right to withdraw inappropriate correct decisions during the contest period, provided that the withdrawing decision is subject to the oversight of administrative judiciary. | ||
| Keywords | ||
| dispute; ،withdrawing; ،decision; ؛; ،administrative | ||
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