Judicial Stay of Administrative Decisions: A Comparative Analytical Study (Excerpt from a master’s thesis defended on July 19, 2017, at the Faculty of Law, University of Sulaymaniyah)

Volume 21 , Issue 2 , November 2020 , Pages 423-447

Authors

دانا عبدالكريم سعيد 1 ; پەریسا پەروێز خەسرەو 2

1 ١ كلية القانون- جامعة السليمانية، كلية القانون- جامعة جيهان/السليمانية

2 كلية الإدارة التقنية/ جامعة بوليتكنيك السليمانية

DOI logo 10.17656/jzsb.11040

Keywords

Abstract

The judicial moratorium on the implementation of the administrative decision came as an
exception to the general rule, "The non-stop effect of challenging the annulment of administrative
decisions", and it was found to strike a balance between the public interest that the administration
seeks to achieve through its activity, and the interest of individuals. In order for a decision to accept
the endowment request by the judiciary, the request to suspend the implementation of the decision
must be accompanied by a claim of annulment, and to be submitted during the appeal against the
cancellation and in the same petition, or after it and with a separate request, and that the
implementation of the decision would arrange irreversible results if he decides to cancel it , and to
prove to the judge, upon his consideration of the request for a stay of execution, and through the
apparent examination of the papers, that it is more likely that a ruling to cancel the decision subject
to the stay request is canceled.
Therefore, in studying the subject, comparative analytical approach has been adopted by dividing
it into two main sections, the first for "the concept of the system of halting the implementation of the
administrative decision", and the second for “the terms of accepting the request to suspend
implementation”, and we concluded it with a set of conclusions and recommendations for the
organization of the topic of the system of halting implementation of the administrative decision under
Iraqi legislations and the Kurdistan region.

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  • First online25 November 2020
  • Published at25 November 2020

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