The college of law at the University of Baghdad discussed a master’s thesis in the public law of the student (Widad Ahmed Hussein), entitled with (Means of the Administrative Judge in the Proof (cancellation case as a model), on Tuesday, 05/03/2024 at the conference hall at the college.
The thesis aims to shed light on the means of the cancellation judge, which he relies on in the process of proving the claims of the parties to the lawsuit in a way that alleviates the imbalance between them by examining the concept of these means, their types and the authority of each of them, with consideration of the condition of taking them.
The thesis included three chapters, the first of which dealt with the basis of the judge’s authority to prove in the cancellation claim, the second chapter dealt with the effects of the privileges of the administration in the burden of proof and the means of the judge’s audit in addressing them, while the third chapter dealt with the judge’s non-audit means of cancellation affecting the evidence.
The thesis came out with several recommendations, the most important of which is to amend the text of Article (13) of the State Council Law No. 65 of 1979 to explicitly stipulate that the continued existence of the interest is not required in accepting the annulment lawsuit until the verdict is issued in it, the recommendation to cancel the parallel appeal clause by amending the text of Article (7/Clause IV) of the law in a form that includes under the banner of this lawsuit all appeals related to administrative decisions without exception.
