سلطة الإدارة في سحب القرار الإداري في التشريعات العراقية

Abstract

The subject of “The Administration’s Authority to Withdraw Administrative Decisions under Iraqi Legislation” is one of the important issues in the field of administrative law, given its close connection with the principle of legality and the protection of the public interest. The withdrawal of an administrative decision refers to the administration’s act of retroactively nullifying an unlawful decision, thereby eliminating all of its legal effects as if it had never existed. This subject is of particular significance in administrative law because of its close relationship with the principle of legality and the protection of individuals’ rights. Accordingly, this study focuses on explaining the concept of an administrative decision, as well as its characteristics and constituent elements. It also clarifies the distinction between the withdrawal and annulment of an administrative decision, in addition to examining the legal basis upon which the administration relies in exercising this authority, particularly the principle of legality and the continuity of public services.

Nevertheless, the study demonstrates the existence of a clear legislative gap resulting from the absence of explicit legal provisions regulating this authority in terms of its applicable time limit and conditions. This has consequently led to a significant role for the Iraqi administrative judiciary in establishing legal controls governing the withdrawal of administrative decisions through judicial interpretation.