Restrictions and controls imposed on the enforcement of civil judgments against public legal entities in Iraqi, Egyptian, and Iranian legislation

Abstract

This research aims to clarify the legal and procedural restrictions and controls imposed on the enforcement of civil judgments issued against public entities, analyze the foundations upon which these restrictions are based, and demonstrate their impact on achieving a balance between ensuring the enforcement of judicial rulings, protecting public funds, and maintaining the continuity of public services. This is achieved through a comparative study of Iraqi, Egyptian, and Iranian legislation. The research's significance stems from its connection to strengthening the rule of law and consolidating the authority of judicial rulings, given that the enforcement of judgments represents the true guarantee of effective judicial protection and the preservation of individuals' rights vis-à-vis the administration. To achieve the research objectives, the descriptive-analytical method was employed to study legal texts, jurisprudential trends, and judicial rulings, along with the comparative method to identify points of agreement and disagreement between Iraqi, Egyptian, and Iranian legislation and to derive the best legislative solutions. The research concludes that these legislations agree on obligating public entities to enforce final judicial rulings, while establishing restrictions aimed at protecting public funds and ensuring the continuity of public services. However, they differ in the means of enforcement and the mechanisms for addressing refusal to comply. Iraqi legislation is distinguished by its provision for criminal liability in cases of unlawful omission, while Egyptian legislation relies more heavily on judicial oversight. Iranian legislation, on the other hand, has focused on regulating the financial aspects related to the enforcement of judgments. The study also highlighted the need to develop Iraqi legislation through more detailed regulations for enforcement procedures, the creation of more effective mechanisms for monitoring the implementation of judgments, and the strengthening of the accountability of administrative bodies. This would achieve a balance between the requirements of the public interest and ensuring the effective implementation of judicial rulings. Furthermore, the research emphasizes that the effectiveness of judicial rulings is not achieved merely by their issuance, but rather through the existence of legal and institutional mechanisms that guarantee their enforcement against public entities without compromising the protection of public funds and the continuity of public services.