The Extent of the Effectiveness of the Iraqi State Council under State Council Law No. 71 of 2017

Abstract

The administrative judiciary is the administration's advisor and observer. The administration consults the administrative judiciary in legal matters in order to perform its work well. ِAlso, the judiciary ensures that the administration's square is cleaned from illegal acts through a cancellation lawsuit and Compensating those affected, through another lawsuits types. this contributes to increasing the effectiveness of the administration’s performance, and this requires an effective judiciary. After a long wait, the State Council Law No. 71 of 2017, which established an independent entity in the name of the Council of State, was issued. but this law, despite its importance, has been incomplete, it, transferred all the provisions of the State Shura Council Law No. 65 of 1979 and its amendments into the new State Council only, which inherited the State Shura Council. Therefore, all flaws of the State Shura Council law have been transferred to the State Council, which that constitute restrictions on the effectiveness of the Council. Even the important point in the State Council Law of 2017 is the establishment of the State Council, which represents the administrative judiciary as an independent entity from the executive authority, but the drafting of the legislator in this aspect was ambiguous when he stipulated that the State Council (an independent entity) without clarifying its nature. This matter opened the door for argument over the nature of the Iraqi State Council.  In addition to the research on the nature of the State Council, this study examined the restrictions that limit the effectiveness of the State Council in improving the performance of the administration. This study followed the analytical method to order access to its goals, so the study analyzed the constitutional and legal texts, judgments, and judicial decisions. The study also used the literature review to reach to achieve its goals.

The study concluded that the Iraqi State Council did not receive the sponsorship of the legislative and executive public authorities that its counterparts in France and Egypt received from the public authorities in those countries. Despite the long experience that the State Council possesses in some of its functions, which is due to the establishment of the Legal Codification Bureau in 1933. But the Iraqi legislator did little to increase the effectiveness of the Iraqi State Council, and it's shared with the executive authority about this issue, that does not provide sufficient financial resources to support the effectiveness of the State Council. Therefore, to ensure increased effectiveness of the State Council, must be pressure on the legislative and executive authority and use all available legal means to Be Accounting for these two powers