Material Error Before The Administrative Court (Comparative Study)

Main Article Content

Ali Mohsin Tuaeb Al-Kharasani

Abstract

The legislator paid attention to judicial rulings and decisions because they represent the title of truth when resolving any dispute, because of the protection they bear for the rights and freedoms established by the reality of the parties to the dispute, as these rulings work to stabilize the legal conditions in society, and to realize the role of the predominance of the judiciary in that. . However, these judicial rulings may suffer from some errors, including material errors (arithmetical or clerical) that do not fall within the subject matter of the decision and do not change its content, but the matter requires correction . 


This study aims to clarify the legal provisions related to correcting the material errors contained in the decisions of the administrative courts, as it dealt with the concept of those errors and the statement of their nature, the legal system for them, and the conditions for the procedures for correcting them, until they are decided, according to what came in the Civil Procedure Law, which is the procedural law of the Law of the Council Country

Article Details

How to Cite
Mohsin Tuaeb Al-Kharasani ع. (2024). Material Error Before The Administrative Court (Comparative Study). MIsan Journal of Comparative Legal Studies, 1(10), 455–482. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/313
Section
Articles

References

First: Arabic sources.

- Adam Wahib Al-Nadawi, Civil Procedures, Mosul University Press, 1984.

- Muhammad Ahmed Ibrahim Al-Maslamani, Administrative Procedures before the State Council, Dar Al-Fikr Al-Jami’i, Alexandria, 2018.

- Fathi Waly, The Theory of Invalidation in the Law of Procedures, 1st edition, Manshaet Al-Maaref, Alexandria, 1959.

- Muhammad Zaki Abu Amer, The Imperfection of Error in the Criminal Judgment, University Press House, Alexandria, 1985.

- Suleiman Al-Tamawi, Administrative Judiciary, Book Two, (Compensation Judiciary and Methods of Appealing Judgments), Dar Al-Fikr Al-Arabi, Cairo, 1977.

- Bassiouni Hassan Al-Sayyid, The Role of the Judiciary in Administrative Disputes, (A Comparative Applied Study of the Judicial Systems in Egypt, France, and Algeria), Alam Al-Kitab, Cairo, 1981.

- Suleiman Al-Tamawi, Lessons in Administrative Judiciary (Comparative Study), Dar Al-Fikr Al-Arabi, Cairo, 1976.

- Edward Ghali Al-Dahbi, Criminal Procedures in Egyptian Legislation, 1st edition, Dar Al-Nahda Al-Arabiya, Cairo, 1980.

- Abdel Aziz Abdel Moneim Khalifa: Administrative proceedings in the judiciary of the State Council (jurisdiction, disputes, defenses, rulings). Dar Al-Kutub Al-Qanuni, Egypt, 2005.

- George Shafik: Rules and Rulings of Administrative Judiciary, 6th edition 2005/2006.

- Al-Hussein bin Al-Sheikh Malawia: Al-Muntaqa fi Qada’a of the State Council, Part 3. Dar Houma. Algeria. 2004.

- Ibrahimi Muhammad: Al-Wajeez fi Civil Procedures, Part 2, Diwan of University Publications, Ben Aknoun, Algeria, 2001.

Second: Theses and messages.

- Jamal Ibrahim Al-Haidari, Correcting Errors in the Criminal Judgment, doctoral thesis submitted to the College of Law, University of Baghdad, 1997.

-. Ali Saheb Jassim Al Sharifi. The legal nature of constitutional terms between text and application (comparative study). Research published in Maysan Journal of Comparative Legal Studies. College of Law, Volume 1, Part 9.

- Ali Abdul Hussein Mansour. The role of the idea of public order in the Civil Procedure Code (a comparative study). Research published in Maysan Journal of Comparative Legal Studies, College of Law, Volume 1, No. 6. 2022.

- Zainab Saeed Jassim, Amer Zaghir Muhaisen. Monitoring the formation of the administrative judge’s self-conviction (a comparative study). Research published in Maysan Journal of Comparative Legal Studies, College of Law, Volume 1. Issue 8, 2023..

Third: Laws.

- Italian Code of Criminal Procedure of 1931.

– Egyptian Civil and Commercial Procedures Law No. 13 of 1968.

- Iraqi Civil Procedure Law No. 83 of 1969.

- Iraqi Criminal Procedure Code No. 23 of 1971.

- Egyptian State Council Law No. 47 of 1972.

- Iraqi State Shura Council Law No. 65 of 1979.

Fourth: Arab judicial decisions.

- Nafd Masri on May 19, 1979 / Ahkam Al-Nast / Section 27 / No. 104, p. 470.

- Decision of the Personal Status Court in Amara. Decision to correct the material error dated 1/31/2022, case number 26/sh/2 22 on 1/20/2022.

- Court of Cassation Decision No. 212/Personality/1977 on 1/24/1977 (Collection of Judicial Rulings 14. S. 3. 1977. 1977. p. 124).

- Employees’ Judicial Court: Case No. 2242 / M / 2021 dated 12/5/2021, unpublished decision.

- Case No. 488/M/Correction/2018 dated 5/29/2022. Unpublished decision.

- The corrective decision received from the Personal Status Court in Amara on 2/22/2022

– Decision of the Civil Servants’ Judicial Court (4841/2019 – Adabara 487/M/2018) dated 12/15/2019. Unpublished decision.

- Case No. 794/M/Correction 2022 dated 8/28/2022, unpublished decision.

– Case No. 488 / M / Correction / 2018 dated 5/29/2022, unpublished decision.

- The ruling of the Supreme Administrative Court in Appeal No. 1642/2 Supreme Court, session 11/23/1957, Group S2, Principle No. (15), p. 126, and its ruling in the session 12/26/1967, Group S2, p. 163.

- Civil Cassation in Appeal No. 13 of Judicial Year 32 - Session 3/3/1965, Technical Office Group - Year 16 - p. 252 - Paragraph 4).

- - Civil cassation in Appeal No. 348 of Judicial Year 23 - Session 12/26/1957 Technical Office Group - Year 8 - p. 967, paragraph 2.

- Civil Cassation in Appeal No. 334 of Judicial Year 20 - Session 11/27/1952, Technical Office Group - Year 4 - p. 148, paragraph 1.

- Administrative Court. Judgment number:: Decision No. 6655/2021. Decision date: 11/10/2021 Case No. 3924 / Q / 2021...unpublished decision.

- – Employees’ Judicial Court Case No. 488 / M / Correction / 2018 on 5/29/2022. Unpublished decision

– Employees’ Judiciary Court, Case No. 1310 / M / Correction / 2015 on 6/12/2022. Unpublished decision

Fifth: French judicial decisions:

- C.E; 21-11-1930 – Dame Bennoit, 1930-3-23

- T.C : 20-2-1952 Steimmobiliore try stam, s. 1953-3-23.

- C.E: 11-1-1951 Commision contrde l' assistance .s

- C.E.11-1-1951 Commision Contr de. L' assistance.s,1951-3-101-not letourner.