Guarantees established for the principle of speed in adjudicating administrative cases (a comparative study)

Abstract

Abstract : Administrative litigation is a crucial element of the administrative judicial system, as it forms the foundation upon which administrative courts base their rulings. This ensures litigants' rights and contributes to protecting freedoms from any infringement. The process begins with a petition submitted to the court clerk, where the legal claim is the first step. Administrative courts, as well as the European Court of Human Rights, have given special importance to administrative justice, emphasizing that fair administrative proceedings align with the principle of a fair trial. This is within the framework of their role in protecting human rights and safeguarding freedoms from any abuses that may occur as a result of the administration deviating from its legitimate objectives. The administration of administrative justice still suffers from significant shortcomings due to the slow pace of case resolution. In Iraq, the State Council faces immense pressure from the number of cases brought before it, leading to considerable delays in considering administrative cases and postponing the achievement of justice for relatively long periods. Therefore, effective administrative justice requires careful consideration and study to ensure the achievement of justice, expedite procedures, and protect individual and collective rights. This research stems from the necessity of ensuring the swift resolution of administrative litigation procedures.