The role of the oath before the administrative judiciary and investigative committees

Abstract

Extract

The failure to legislate a law for the procedures to be taken into account in administrative disputes makes us face the problem of applying the rules of other branches of law to those disputes. No law has been enacted regulating evidence in administrative courts in any of the countries under comparison (France, Egypt, and Iraq). As for the position of the Iraqi legislator, the law The State Council No. 65 of 1979, as amended, indicated in the eleventh paragraph of Article 7 of it to the application of procedural laws, including Evidence Law No. 107 of 1979, as amended, as there is no text in it. Also, the amended Iraqi State Employee Discipline Law No. 14 of 1991 was also devoid of that and did not refer, within the limits of the administrative investigation, to the application of the provisions of a particular law. It is necessary to refer to the provisions of the oath in other branches of law and try to apply those provisions in the field of administrative justice, as State Council Law No. 65 of 1979 as amended referred in Article (7/11) to the application of the pleadings Law 83 of 1979 as amended, as well as Evidence Law No. 107 For the year 1979 as amended, as well as the Code of Criminal Procedure No. 23 of 1981.