The urgent administrative judiciary's observation of the actions of the executive authority during the period of health emergency in Iraq and the COVID-19 epidemic
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Abstract
The oversight of the administrative judiciary is one of the basic guarantees that are relied upon in order to exercise the legally recognized rights and freedoms guaranteed by national constitutions and international treaties and conventions, as the most important protection for these freedoms and rights is the one that results from the oversight exercised by the administrative judge on the occasion of the abolition lawsuit due to abuse of use. Authority is considered an important guarantee for it, as the legality judge restores matters to their normal course, and thus makes the principle of legality generate all the effects associated with it that provide the conditions and situations for the enjoyment of all basic rights and public freedoms. In normal circumstances, individuals have the right to resort to the judicial facility to file a lawsuit to cancel the administrative decision that affects the principle of legality, as the administrative judiciary exercises its control over those decisions to ensure the extent to which they respect the laws that guarantee basic rights and public freedoms, but this guarantee may be affected depending on the circumstances that the country is going through and resorting to at that time, the administration resorted to exceptional measures to confront an imminent external danger that threatens public order, which results in legal problems related to the nature of those decisions taken during the emergency period.
The current study aims to determine the correct obstacles facing the Iraqi administrative judiciary during the period of health emergency, as well as the measures taken by the executive authority as precautionary and preventive measures to reduce the risk of the spread of the corona virus covid-19 in Iraq, and the extent of the administrative judiciary’s control over the work of the problem crisis cell according to Diwani Order No. (55) of March 12, 2020, how can there be a role for the urgent judiciary in settling disputes that may arise from the application of this order.