Litigation Using Electronic Means in Administrative Cases

Recent years have witnessed a significant shift in litigation mechanisms, as technological developments and emergency conditions - foremost of which is the COVID-19 pandemic - have imposed the need to search for electronic alternatives that contribute to ensuring the continuity of justice. The issue of litigation through the use of electronic means in the administrative lawsuit represents a paradigm shift in legal and procedural thought, because of the challenges it entails related to the extent of its legitimacy, its guarantees, its impact on the principle of publicity of hearings, the rights of defense, and the principle of equality between opponents.This research seeks to explain the legal basis for the adoption of electronic means in the consideration of the administrative lawsuit, with the analysis of comparative national legislation that have taken different steps towards the adoption of this system, as well as studying the role of the administrative judiciary in consecrating and controlling this mechanism in order to achieve a balance between the effectiveness of justice and the speed of resolving disputes, and between preserving the rights and freedoms guaranteed to litigants.The study concluded that the adoption of electronic litigation in administrative disputes has become a necessity imposed by the requirements of the age, but it remains conditional on the existence of an integrated legislative framework that determines its procedural and technical controls, and ensures cybersecurity standards, order to ensure the confidence of individuals in the justice of electronic justice and preserves the principle of the rule of law.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-12-01
DOI
https://doi.org/10.63677/jqlap.2025.165860.1464
Primary Topic
Dispute Resolution and Class Actions
Type
article
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article

Litigation Using Electronic Means in Administrative Cases

Abdul-Hussein Al-Jubouri
AL-Qadisiya Journal For Law and Political Sciences
Dispute Resolution and Class Actions
article

Litigation Using Electronic Means in Administrative Cases

Abdul-Hussein Al-Jubouri
article en

Abstract

Recent years have witnessed a significant shift in litigation mechanisms, as technological developments and emergency conditions - foremost of which is the COVID-19 pandemic - have imposed the need to search for electronic alternatives that contribute to ensuring the continuity of justice. The issue of litigation through the use of electronic means in the administrative lawsuit represents a paradigm shift in legal and procedural thought, because of the challenges it entails related to the extent of its legitimacy, its guarantees, its impact on the principle of publicity of hearings, the rights of defense, and the principle of equality between opponents.This research seeks to explain the legal basis for the adoption of electronic means in the consideration of the administrative lawsuit, with the analysis of comparative national legislation that have taken different steps towards the adoption of this system, as well as studying the role of the administrative judiciary in consecrating and controlling this mechanism in order to achieve a balance between the effectiveness of justice and the speed of resolving disputes, and between preserving the rights and freedoms guaranteed to litigants.The study concluded that the adoption of electronic litigation in administrative disputes has become a necessity imposed by the requirements of the age, but it remains conditional on the existence of an integrated legislative framework that determines its procedural and technical controls, and ensures cybersecurity standards, order to ensure the confidence of individuals in the justice of electronic justice and preserves the principle of the rule of law.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 2 part 2)
University of Babylon (IQ), College of Law (LV)
Peace, Justice and strong institutions
Openalex Percentile: Top 15%
Dispute Resolution and Class Actions
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