2024, Vol. 4, Issue 1, Part C
Administrative complaint and its legal effects in Iraqi legislation: A comparative study with Egyptian law
Author(s): Dr. Amjed Mezher Ahmed and Dr. Gailan Ahmed Khalaf
Abstract: Administrative grievance is a request made by the concerned party to the decision-maker or higher authorities to withdraw a flawed decision due to legal defects, instead of filing a cancellation lawsuit. This grievance can be optional or mandatory, and the deadline is paused until the administration responds by rejecting it or sixty days pass from the date of submission, whichever is sooner.Administrative grievance involves appealing to the administrative body that issued the decision or its superior authority to lift the decision that affected the individual. It is distinct from judicial grievance and has differences in terms of the authority to which it is submitted, the basis of the appeal, procedures, deadlines, and the authority's power to decide on the grievance. The goal of administrative grievance is to cancel the administrative decision and allow the concerned parties to present their reasons, enabling the administration to reconsider its decision.Despite its importance, administrative grievance has not received significant attention from researchers, leading to individuals losing their rights due to a lack of awareness of deadlines and procedures. The Iraqi legislator does not require the concerned party to submit a grievance within a specific period before challenging the decision in administrative court, unlike the Egyptian legislator, who mandates grievance in certain cases related to civil service matters.Therefore, it is essential for the aggrieved party to submit the grievance immediately without waiting for the specified deadline. The Iraqi legislator should extend the period for submitting administrative grievances and the period for filing lawsuits from thirty to sixty days, similar to Egyptian law. Additionally, courts should ensure the implementation of judgments regarding administrative grievances to restore rights to employees.
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How to cite this article:
Dr. Amjed Mezher Ahmed, Dr. Gailan Ahmed Khalaf. Administrative complaint and its legal effects in Iraqi legislation: A comparative study with Egyptian law. Int J Law Justice Jurisprudence 2024;4(1):207-216.