Enforcement of Administrative Court Judgments Issued Against the Administration: A Comparative Study of Iraqi, Egyptian, and Iranian Laws

Abstract

This research addresses the issue of administrative non-compliance with administrative court judgments issued against the administration, as a phenomenon that undermines the principle of the rule of law and the authority of res judicata. The research aims to identify the forms and methods of such non-compliance, analyze its effects on individuals, the administration, and the legal system, and then evaluate the mechanisms to confront it in three legal systems: Iraq, Egypt, and Iran. The study adopts a comparative analytical methodology by examining legislation, judicial precedents, and legal doctrines in the three systems. The research concludes that the Egyptian system possesses strong judicial and legislative tools to confront administrative non-compliance, while the Iraqi system suffers from weak enforcement mechanisms and the absence of explicit texts granting judges the power to impose coercive fines. In contrast, the Iranian system is characterized by strict legislation imposing deterrent penalties on refusing officials. The research recommends amending Iraqi legislation to grant administrative courts enforcement powers, establishing a specialized unit for enforcing administrative judgments, and activating the personal responsibility of refusing employees. The importance of this research stems from its focus on one of the most significant challenges facing the rule of law: ensuring the enforcement of court rulings against the administration. It also brings together three different legal systems, allowing for the application of comparative experiences.

The research employs a comparative analytical approach, analyzing legislative texts, judicial precedents, and scholarly opinions in Iraq, Egypt, and Iran.

The nature of the research necessitated its division into an introduction, four sections, and a conclusion. The first section addresses the concept of breach and its forms; the second section examines its methods; the third section its effects; and the fourth section explores mechanisms for addressing it in the compared systems. The research concludes with a summary of the findings and recommendations.