Legal Nature of Commitment Orders Promulgated by Administrative Judicature Courts in Iraq (Comparative Study)

Abstract

The administrative decision is binding upon those against whom it was promulgated, and the administration has the authority to implement it without resorting to the judicature [in accordance with the law] and without inflicting harm to the stake holders, because the decision does not apply to those stake holders unless they become aware of it through the legally-established means of awareness.
When individuals lodge an appeal for the annulment of administrative decisions before the [qualitatively and spatially] competent administrative courts, this does not lead to staying the execution of the administrative decision, and the administration can decelerate the implementation of the administrative decision or implement it on its own responsibility. The purposeful cause for this, is that the administration's activity would not be interrupted and its desired goals [in achieving the public interest] would not be fell short through appealing its administrative decisions, and thus the appeal for the annulment does not thwart the implementation of the administrative decision basically.