The role of procedures for the right to administrative litigation in confronting the defect of lack of jurisdiction and non-existent decision, and the position of Iraqi, French, and Egyptian law on them

Abstract

The topic of the role of procedures for the right to litigation in confronting the defect of lack of jurisdiction and non-existent decisions in administrative decisions is one of the important topics, as it sheds light on the characteristics of the rules of jurisdiction in administrative decisions, its elements, and its role in organizing job work and specialization in undertaking administrative work. Through it, responsibilities are determined and speed in completion is achieved. Administrative work. It also contributes to clarifying the degrees of lack of jurisdiction and the possibility of adopting it in the Iraqi legal system and the countries under comparison, as the simple defect of jurisdiction that affects the administrative decision is less serious than the serious defect.The first defect leads the administrative decision to be invalidated, while the second makes the decision afflicted with it devoid of its administrative character, as it is tantamount to non-existent behavior in the concept of the provisions of administrative law. Also, the absence of administrative decisions can be achieved in two cases, the first of which is the case of the real lack of reality, which is represented by the loss of the decision. The administrative decision is one of the elements of its existence or the conditions for its holding, and the absence of one of them removes the administrative decision from its legal existence. As for the second case, it is the case of the lack of judgment, in which the violation of the administrative decision reaches the point of seriousness in violating the laws and the state’s constitution.In it, the administrative decision is stripped of its administrative character and we consider it non-existent as a rule and not as a reality. This research also clarifies the oversight of the administrative judiciary in Iraq for defective administrative decisions due to lack of jurisdiction and the necessity of improving the rulings issued in this regard similar to what the administrative judiciary rulings in comparative countries have reached.Also, the administration’s authority to issue administrative decisions is restricted by the legal rules regulating jurisdiction, because the texts specifying it are command texts, and therefore jurisdiction is not presumed. Also, if it is proven by a specific text, it is not permissible to expand on what the text stated or to go beyond its scope. This Some of the judicial rulings issued by the Administrative Judicial Court were not at the level of ambition with regard to identifying the defect of jurisdiction in the administrative decision