Problems of Functional Overlap Between Administrative and Criminal Judiciary: An Analytical Perspective in Light of Iraqi Law

Abstract

This research examines the functional overlap between the administrative judiciary and the criminal judiciary in Iraq by analyzing its concept, causes, and legal implications for determining judicial jurisdiction. The significance of the study lies in the existence of multiple judicial bodies, which may result in positive or negative conflicts of jurisdiction, particularly in cases involving both administrative and criminal liability. Such overlap may lead to conflicting judicial decisions, delays in litigation, and adverse effects on justice and the protection of individual rights. The study aims to analyze the Iraqi legal framework governing the relationship between the administrative and criminal judiciary and to assess the adequacy of the applicable legislation in addressing jurisdictional conflicts. It also examines the position of the Iraqi judiciary through relevant judicial decisions and identifies the practical challenges arising from the absence of clear legislative rules governing jurisdiction, the authority of criminal judgments before administrative courts, and the impact of administrative decisions on criminal proceedings. The research adopts the descriptive-analytical method, supported by the comparative approach where appropriate, in order to propose legislative and practical recommendations that enhance coordination between judicial authorities, improve mechanisms for resolving jurisdictional disputes, strengthen legal certainty, and promote the efficiency of the Iraqi judicial system while upholding the principle of legality and the rule of law...