Jurisdictional conflict is legally concerned with the dispute between two judicial bodies concerning the consideration of a specific subject, such as the dispute between the ordinary judiciary and the administrative judiciary in the countries that adopt the dual justice system. The dispute also takes place between two courts that have a single judicial system، Among them, there may also be a conflict in the countries that adopt the federal systemو، which is a manifestation of the bilateral judicial system, which is one of the most important reasons for conflict of jurisdiction in the federal states. It is known that Iraq has become a double jurisdiction by the issuance of Law No. (106) 1989 Second Amendment to the law of the State Council No. 65 of 1979, the federal system adopted under the law of the State Administration for the transitional period in 2004 and the 2005 Constitution Therefore, the legislator, through the experiences of the countries that adopt the dual justice system, has taken into account the possibility of conflict of jurisdiction between the two sides of the ordinary judiciary and the administrative judiciary. The task of adjudicating it to a body that appoints the authority and granting the Supreme Administrative Court the jurisdiction of the Administrative Court and the Staff Court. Jurisdiction in the conflict of jurisdiction between the federal judiciary and the judiciary in the region to the Federal Supreme Court، where it pointed out its competence in adjudicating the conflict of jurisdiction between the federal judiciary and the judicial bodies of the regions and governorates not organized in the province and the separation in the conflict of jurisdiction Between the judicial bodies of the district or the governorates that are not organized in a province. This research highlights the types of conflict of jurisdiction in Iraq and the competent authority to solve it through the analysis of the legal texts and decisions related to the subject.
The plea of lack of jurisdiction is the most important formal defense in the administrative judiciary, it is a denial of the court’s authority in hearing the case for its deviation from the limits of the jurisdiction that the law has decided for it, and if that court issues a decision in pleading not to have jurisdiction directed at it, the matter does not deviate from one of two decisions, it is either to decide that it is She is competent to hear the case, so she refuses the payment and proceeds to examine the matter, or she decides to accept the defense of lack of jurisdiction raised by the litigants, or on her own if the matter is related to the public order, and she must here refer the case to
... Show MoreTourism facilities represent one of the forms of public facilities, especially that tourism is of great importance to most of the peoples of the world and is an essential tributary to the economy and the provision of foreign currency to any country, and since the development in this field does not depend on tourism resources or tourist attractions only, but rather on how to manage them and the procedures that are practiced by the competent authorities in the management of tourist facilities are of great importance, as they bear the administrative character on the one hand and on disciplinary nature on the other hand, which was indicated during the research.
It is recognized, that the constitutional text is the binding rule for all persons of the state, whether rulers or ruled, with all the contents of the constitutional texts, and thus the three authorities; Legislative, judicial, and executive are bound by the content of these texts, as it is not possible for any of these authorities to confer their own visions and perceptions on the constitutional text, so it is necessary to return to the will of the constitutional founder, in order to clarify the meaning that he seeks by placing that text. This includes the content of Article (93/Third) of the Constitution of Iraq for the year 2005, which referred to the disputes that the Federal Supreme Court is competent
... Show MoreIn this research, we will deal with the administrative body concerned with the management, exploitation and regulation of oil activity and oil operations, which the Iraqi legislation in force dealt with in terms of composition and tasks. And the Ministry of Natural Resources and public companies specialized in oil affairs, and both facilities operate independently without unified cooperation or guidance between them, with the union of the subject of activity, which is the oil and gas wealth owned by the entire Iraqi people. Where it was noted that there are two authorities that use the method of centralization and decentralization in the management of oil operations, and it was also noted that there is a mismatch between the legislation
... Show MoreWater wealth is one of the most important natural resources in the world, and it has gained the attention of the international and national community alike in view of its great role in achieving water and food security, including the natural resources it contains, both living and non-living, as well as its importance in the field of industry, tourism and transportation, but there are several Obstacles facing this wealth such as climate fluctuations, environmental pollution, the use of traditional methods of irrigation, the policies of neighboring countries and the continuous increase in the population .. etc. ,which requires the possession of the competent administrative authorities to organize and protect this wealth, preventive and cur
... Show MoreThe Supreme Federal Court of Iraq was established by the Federal Supreme Court Law No. (30) For the year 2005 on the basis of the provisions of the Iraqi State Administration Law for the transitional period of 2004. The law included a clear reference to the main purpose for which the Federal Supreme Court was established, the separation of jurisdictions between different levels of government, as well as its competence to control the constitutionality of laws. It was also referred to in the Constitution of 2005 and defined its powers in Article (93) of it, in addition to the other terms of reference in the other articles of the Constitution and the laws in force, and from reading the texts of the above Constitution, the Federal Supreme Co
... Show MoreThe authority of the state to regulate the entry and residence of foreigners to it is characterized by a great deal of freedom, and it is limited only by the rules of international law that impose on states to respect the minimum standard in the treatment of foreigners, in order to achieve the optimum protection of human rights, regardless of the society in which they live, without consideration. Regarding his nationality or his country of origin, and whatever that may be, the foreigner has now become one of those addressed by the provisions of the law of the country in which he resides, and he enjoys the rights guaranteed by his human being, without regard to his country and nationality, in oth
... Show MoreIt is known that the economic impact of medicines is not negligible as a pillar of national income because of the profits of its industry contribute to industrial development, and the health impact of medicines can not be underestimated or underestimated, as many people already die in various low-lying countries The middle income because of the difficulty in providing them with safe and effective essential medicines or their inability to buy them to be available to enable them to cure and save their lives.
This requires the development of policies and strategies to save lives by researching the concept of drug security to provide the best possible level of modern health care supported by soun
... Show MoreSort out the stability of the principle of separation of power to stabilize the rules for the distribution of power to the three state authorities (legislative, executive and Judicial), this, in turn led to emergence of the principle of legislative unilateralism, which means that the legislative authority is unique and not the other by exercising legislative competence, except with the permission of the legislative or the provisions of the constitution, this led to the emergence of what is known as the traditional relationship between law and regulation. However, this principle began to lose it, severity due the political, social and economic condition which changed the relationship between the law and the regulation, consequently, the l
... Show MoreThe constitution occupies the highest rank in the legislative hierarchy, as its rules are considered the highest rules in the entire legal system, and accordingly it follows that the competent authority in legislation respects the constitution and does not violate it, and in other words, the legislation that is issued by it should be constitutional, i. Modern constitutional documents in many countries have organized the issue of creating oversight over the work of those authorities, and this oversight may be judicial when it is exercised by the judiciary, and it may be non-judicial when entrusted to other bodies, and judicial oversight is achieved through an original lawsuit filed to challenge the A law or regulation before a Supre
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