Iraq

Firstly - A brief historical overview of the establishment of the administrative     judiciary of the State Council in Iraq:

     The origins of the Iraqi administrative judiciary date back to 1929. Article (4) of the State Employees' Discipline Law No. (41) of 1929 stipulated the establishment of the General Disciplinary Council to carry out administrative judicial functions and review administrative cases involving employees. This council was the precursor to the current Employee Justice Court. In contrast, the origins of the Iraqi State Council extend back more than (90) years. The Bureau of Legal Drafting, established over eighty-eight years ago by Law No. (49) of 1933, was responsible for providing legal opinions, rulings, and advice, as well as adjudicating administrative matters concerning employees in Iraq. The aforementioned General Disciplinary Council, specifically for employee cases, was initially responsible for exercising administrative judicial authority. Subsequently, pursuant to the aforementioned Bureau of Legal Drafting Law, the name of the Bureau of Legal Drafting was changed to the State Council, tasking it with preparing and reviewing draft legislation, clarifying legal texts and provisions, and fulfilling administrative judicial functions. In order for the aforementioned council to be at the level of its responsibilities by defining its tasks and building its formations and composition in line with the successive developments on the legal scene, the State Shura Council Law No. (65) of 1979 was issued, which abolished the Law of the Bureau of Legal Codification No. (49) of 1933, which is considered the first nucleus for the launch and formation of the State Shura Council, so that the responsibilities of administrative justice in Iraq would fall upon it.

Subsequently, pursuant to Article (101) of the 2005 Constitution of the Republic of Iraq and subsequent laws governing the State Council, the Iraqi legislature established the State Council in Iraq. This was included in Chapter Three of Part Three, which pertains to the judiciary Authority, and was tasked with administrative adjudication , issuing legal opinions, and drafting legislation. Based on the aforementioned article, the State Council was established by Law No. (71) of 2017. This name replaced the previous designation, "State Shura Council" wherever it appeared, in accordance with the Constitution. The aim was to ensure the independence of the administrative judiciary from the executive branch, which had historically been linked to the executive authority, specifically the Ministry of Justice. Under this law, the State Council became an independent body with judicial and advisory powers, possessing legal personality. It comprises the administrative judiciary, the Employee Justice Courts, and the Supreme Administrative Court, and adjudicates cases brought before it impartially and independently.

Secondly – Composition of the Council:

    In accordance with the provisions of the aforementioned State Council Law, the Council consists of a President and two Vice-Presidents, one for Legislation, Opinion, and Legal Opinion Affairs, and the other for Administrative Judiciary Affairs. It also includes no fewer than fifty (50) advisors and no fewer than twenty-five (25) assistant advisors, not exceeding half the number of advisors. These  assistant advisors are selected after verifying their eligibility based on the conditions and qualifications stipulated by the Council Law, and after interviews conducted by the State Council Presidency. In addition, the Council includes a number of employees who perform their assigned duties in accordance with the law.

The Council comprises several supporting bodies, including:

1- The General Assembly.

2- The Presidency.

3- Specialized Bodies.

4- The Supreme Administrative Court.

5- Administrative Judiciary Courts.

6- Employee Justice Courts.

7- The Legislation and Legal Opinion Management Department.

8- The Legal Affairs Department.

9- The Administrative and Financial Affairs Department.

10- The Legal Principles Unification Department.

11- The Sources of Legislation Department.

12- The Public Relations Department, and other supporting bodies responsible for carrying out their assigned tasks.

Thirdly – ​​The Council’s Functions:

    The State Council undertakes numerous tasks and functions, including legislative, advisory, and judicial functions, as follows:

a – Legislative Function:

    The Council is responsible for administrative adjudication, issuing legal opinions, drafting, preparing, studying, and reviewing draft legislation related to ministries or entities not affiliated with a ministry. This contributes to ensuring legislative unity and standardizing the foundations of legislative drafting, as well as unifying legal terminology and expressions. The Council plays a leading role in elevating legislation to the highest levels of sobriety and accuracy. It possesses the tools and expertise to review and draft bills before their adoption by the legislative authority and has the right to express observations and reservations regarding them.

b – Advisory Function:

    Providing legal opinions and advice on legal matters and issues for government departments and the public sector, with the aim of unifying differing legal rulings. On the other hand, in the field of agreements, the Council is legally responsible for reviewing, drafting, and providing legal advice on them, in addition to its role in drafting and reviewing the law for their ratification or accession.

c - Judicial Jurisdiction:

   Through the aforementioned constitutional provisions and legal legislation, the Iraqi legislator sought to move away from a unified judicial system, as is the case in other countries. Instead, it adopted a dual judicial system by establishing an ordinary or regular court system as an independent judiciary, alongside an administrative court system exercised by the Council of State, similar to other state councils.

   Therefore, the State Council's judicial jurisdiction, as regulated by law, is multifaceted and exercised through its various administrative courts. These administrative courts have worked to create a balance between the interests of the state and individuals on the one hand, and to limit the arbitrary power of the administration on the other. This is especially true after the issuance of the second amendment to the State Council Law No. (106) of 1989, which added a new jurisdiction under Article (7/Seventh) by forming the Administrative Court. This court became the competent authority to review and decide on administrative orders and decisions issued by employees and bodies in state departments and the public sector, for which an appeals authority is designated. Thus, the Council's jurisdiction was completed with the establishment of the second branch, the citizens' judiciary, alongside the employees' judiciary established since 1929. Therefore, the State Council in Iraq, established in 1929, is credited with creating an administrative judiciary independent of the ordinary judiciary. As mentioned above, the Council has exercised administrative judicial jurisdiction for more than (90) ninety years and is working to expand the scope of this jurisdiction in the various Iraqi governorates.

1. Administrative Court: This court exercises significant jurisdiction, adjudicating the validity of administrative orders and decisions, whether individual or regulatory, when the legislator has not specified a recourse for appeal based on a request from a party with a known, current, and possible interest.

2. Employee Justice Court: This court has jurisdiction over disputes arising between employees and the administration concerning rights arising from civil service, in accordance with the laws regulating it, as well as disciplinary penalties stipulated by law.

3. Supreme Administrative Court: This court occupies the apex of the administrative judicial hierarchy in Iraq. It exercises significant jurisdiction, reviewing appeals against decisions and rulings issued by the Administrative Court and the Employee Justice Court. Furthermore, it resolves jurisdictional disputes between these two courts, as well as disputes concerning the execution of two conflicting, final judgments issued by those courts. Regarding the jurisdiction of the Supreme Administrative Court to review appeals against decisions and rulings of the Administrative Court and the Civil Service Court, it may uphold, overturn, or remand the ruling to the lower court, or it may adjudicate the matter itself if the subject is amenable to resolution. In this capacity, it may dismiss the case, annul the appealed order, or amend it based on the reasons it deems appropriate. Furthermore, this court exercises the powers of the General Assembly of the Federal Court of Cassation, as stipulated in the Civil Procedure Law No. (83) of 1969, when considering appeals against decisions of the Administrative Court and the Civil Service Court.

    Therefore, through the exercise of its aforementioned powers, the State Council issues thousands of opinions, legal opinions, and judicial decisions through its specialized legislative, legal opinion, and administrative court bodies, establishing these principles as a framework for the work of state institutions.