College of Law

A search for a higher diploma in the branch of public law on the defense of non-admissibility in the case of cancellation / a comparative study,,,
On Wednesday, December 28, 2022, the Public Law Branch at the College of Law at the University of Mosul discussed a higher diploma research paper on the plea of not accepting the cancellation case. Part of it was attended by Professor Dr. Khalaf Ramadan Muhammad, Associate Dean for Administrative and Financial Affairs, and a number of members of the College Council and its teaching staff.
The research submitted by the student Rana Mumtaz Qadir Ahmed in the Public Law branch dealt with the defense of inadmissibility, which is one of the defenses that do not discuss the procedures of the lawsuit, as is the case in the formal defenses that do not discuss the origin of the right, as in the substantive defenses, but rather directed to the availability of the conditions for filing a lawsuit Before the administrative judiciary, as the purpose of the plea is not to accept the rejection of the cancellation lawsuit filed by the plaintiff’s right to his request to cancel the administrative decision according to the principle of the constitutionally guaranteed right to litigation, which guarantees individuals to challenge administrative actions and decisions before the competent judicial authority.
The research aims to show that the Iraqi legislator did not organize this payment explicitly in the Iraqi Civil Procedure Law No. 83 of 1969, in addition to not setting a definition for this payment compared to the French legislator who explained the concept of this payment. To the characteristic of the civil lawsuit and its difference from the administrative lawsuit, in which the judiciary required the determination of the meaning of each stage of the cancellation lawsuit, due to the distinction of the cancellation lawsuit in its prejudice to individual rights and the public interest.
The discussion committee was chaired by Dr. Alia Ghazi Taher, with the membership of Dr. Ansam Ali Abdullah, and the membership and supervision of Dr. Hassan Talal Younes.