The limits of the powers of the administrative judiciary in assessing the external defects of the administrative decision

Abstract

      When the comprehensive ban on eliminating new work is lifted, a statement as to whether it is specialized or not, including the administrative judiciary examining its foundation, the theory of lifting work discipline, as to whether Aoun may have violated the law or agreed with it. The efforts of the French Council of State are Which contributed to the emergence of the structure that made the work flawed and subject to challenge by invalidation, after a gradual invention. The first defect that tainted what contributed to its implementation and was subject to invalidation was the defect of its non-existence, then the defect of form appeared, then the defect of purpose (deviation of authority), and after that a defect appeared. Violating the law and the last defect that appears is the defect of the cause.

      If the reasons for invalidation appeared in France thanks to the judiciary, then their appearance in Iraq was all at once in the text of the legislator, witnessing a defect that does not exist in importance because it relates to the allocation of employees and administrative bodies from, and on the other hand, the most defective errors in implementation of cooperation, so this defect is considered one of the first Defects requested by the French Council of State due to its involvement in administrative work and making it voidable.

       The basic idea on which public law is based, and which considers the interest of the people, is the idea of participation between all administrative departments, in order to divide the work by planning the graduation of employees, and the entrusted actually danced in the best formation, and this is because of their participation in the need for individuals, and that is because the division of work by planning the exit of employees to administrative work. The trial, on charges of determining the responsibility of the administration that results from the practice of its workers, despite the importance of form and procedure in issuing administrative decisions, administrative jurisprudence did not take a single approach in determining the nature of form and procedure in administrative work, and this caused it to consider procedure as an element of form, while Others went to count it independently of him.