Claims before the French and Iraqi Administrative Courts (A Comparative Study)

The right to litigation is a principle of constitutional value recognized by the French Constitutional Council and the French Council of State, and a fundamental right, highly guaranteed. Good judicial administration requires that litigation be conducted in a manner that ensures the genuine protection of the rights of beneficiaries of public services.According to the provisions of Article (16) of the French Declaration of Human Rights of 1789, the right of the persons concerned to actually exercise the lawsuit before the judiciary, as guaranteed by Article (13) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, must not be violated, as it stipulates that every person has the right (privilege) to exercise an effective lawsuit before the national judiciary.For its part, the Iraqi Constitution of 2005 stipulated in Article (19/Third) that: “Litigation is a right that is protected and guaranteed for all, ” considering in the subsequent paragraph that: “The right to defense is sacred and guaranteed in all stages of investigation and trial, ” deciding in paragraph (Sixth) that: “Every individual has the right to be treated fairly in judicial and administrative procedures, ” and presenting in Article (100): “The provisions in the laws protect any administrative action or decision from appeal.”In implementation of the above constitutional ideas in civil matters, Article (2) of the Civil Procedure Law states: “A lawsuit is a person’s request for his right from another before the judiciary.” In order to activate the lawsuit, Articles (3-8) of the law stipulated its conditions. Administratively, Iraqi Council of State Law No. 11 of 2017 agrees on this. Article (7/Eleventh) stipulates that: “The provisions of the Civil Procedure Law No. 83 of 1969, the Evidence Law No. 107 of 1979, the Criminal Procedure Law No. 23 of 1971, and the Judicial Fees Law No. 114 of 1981 shall apply regarding the procedures followed by the Supreme Administrative Court, the Administrative Judiciary Court, and the Civil Service Judiciary Court, in the absence of a special provision in this law.”Our research discussed the details of its subject and its main basis, this text from the Iraqi Council of State Law.