The scope of administrative law in protecting human rights in the legal systems of the European Union, Iraq, Egypt and Iran

Abstract

The aim of this research is to explain the scope of the administrative law in the protection of human rights in the legal systems of the European Union, Iraq, Egypt and Iran, and to analyze the effectiveness of the public administration and the administrative judiciary in guaranteeing the basic rights and freedoms of individuals, while explaining the points of agreement and disagreement between these systems in the protection of economic, social, political, cultural and human rights. And the importance of research related to the issue of human rights, which is one of the most important pillars of the modern legal state, in addition to the importance of administrative law as a legal tool that regulates the relationship between public administration and individuals and guarantees compliance with the principle of legitimacy and non-arbitrariness in the use of power, in addition to the importance of comparative study in the use of different legal experiences, especially the European experience in the field of judicial control over administrative actions and the protection of rights and freedoms. The research was based on the descriptive analytical method and the comparative method through the analysis of the constitutional and legal texts and the judicial rulings related to the protection of human rights in the systems of the study, with the comparison between the applications of the administrative judiciary in the European Union, Iraq, Egypt and Iran showing the similarities and differences between them. And the research reached a set of results, the most important of which is that the four legal systems agree on subjecting the public administration to the principle of legitimacy and the necessity of respecting human rights, but they differ in the scope of judicial and administrative protection of rights and freedoms, as the European Union is characterized by the expansion of administrative judicial control and direct connection with international and regional human rights conventions, while the Iraqi, Egyptian, and Iranian systems are affected to varying degrees by political, security, and religious beliefs in the regulation of rights. and freedom The study also showed that the economic and social rights have become an essential part of the scope of administrative law in the four systems, and that the principle of equality and non-discrimination represents a common basis among them, with a clear difference in the level of practical application and the effectiveness of judicial control in protecting these rights