Oversight of administrative decisions that have the force of law under the administrative judiciary Iraqi and Lebanese

Abstract

Oversight is a clear state error, one of the innovations of the French Council, and what is meant by it is a mistake that requires crossing multiple boundaries, including discretionary freedom. It is a control that is active over a small part of the administration, not its legitimacy. The advantage of this tool is that it helps the administrative officer to alleviate the difficulties he faces in extending control. This dimension is on three levels, starting with monitoring the obvious error in adapting the facts, then monitoring the evaluation and assessment of these facts, until it finally appears that they differ from the circumstances of reality or not. The scope of this difference has expanded to include general job disputes and disputes regarding the procedures applied, as well as the control measures specific to the side This study aims to investigate several aspects that show the aspects of judicial oversight over apparent errors in judgment and the extent to which this type of oversight is adopted in Iraqi and Lebanese law due to its importance in controlling the discretionary authority of the administration and ensuring its exercise within the limits of the principle of legality. It also aims to benefit from the experience of the French judiciary in this matter. The field in both Iraq and Lebanon, and the descriptive analytical approach was adopted in writing the research. The study concluded that the means of judicial control over discretionary power, which were the result of a great effort exerted by jurisprudence and the judiciary, whether related to issuing annulment or issuing compensation, could not, in fact, be able to remedy Nor does it stop the expansion of discretionary power, Nor can it control all its aspects, as the administration still enjoys great freedom, and is far from any effective judicial oversight, which makes the rights and freedoms of individuals a constant and permanent threat. Finally, the researcher recommends making the judicial applications established by the French Council of State as basic principles to be followed by the administrative judiciary in both Iraq and Lebanon, in order to pave the way for explicitly accelerating the application of the theory of clear error.