When is a State decision challenged before the Administrative Judiciary Court?
Final administrative decisions, not disciplinary penalties, go to the Administrative Judiciary Court. Time limits: Article 7 of Law 65/1979 as amended.
Read →State employees and official discipline
Iraq’s Council of State and the framework of its two courts
In briefState Council Law No. 71 of 2017 established the State Council as an independent body for administrative justice, opinions and legislative drafting. The provisions of State Shura Council Law No. 65 of 1979, as amended, apply to it. Its courts are the Administrative Judiciary Court, the Court of Employees’ Judiciary, and the Supreme Administrative Court.
The institutional framework shows how the name and affiliation changed, and which courts the Council now comprises. The detailed comparison of the two first-instance courts is on the difference between the Court of Employees’ Judiciary and the Administrative Judiciary Court.
The wider framework is on State employee discipline in Iraq.
From the State Shura Council to the State Council
State Council Law No. 71 of 2017 is a short statute, published in the Official Gazette, issue 4456, on 7/8/2017. Article 1 establishes a State Council with the functions of administrative justice, legal opinions and legislative drafting. It is an independent body with legal personality, represented by the President of the Council, who is chosen from among the counsellors and appointed according to the law. The statement of reasons refers to Article 101 of the Constitution, the independence of administrative justice from the executive, detaching the Council from the Ministry of Justice, and replacing the former name “State Shura Council”.
Article 2 is the key to reading the framework. The provisions of State Shura Council Law No. 65 of 1979, as amended — except paragraph Fourth of Article 6 — apply to the State Council, and the name “State Council” replaces “State Shura Council” wherever it appears in legislation. The framework is therefore not read from Law No. 71 of 2017 alone, and appeal periods are not sought in it; that law fixes none. Periods and detailed jurisdiction are read from Article 7 of Law No. 65 of 1979 as amended by Law No. 17 of 2013, the fifth amendment of that law, published in the Official Gazette, issue 4283, on 29/7/2013.
Article 3 transfers the obligations, rights, courts, administration, staff and property of the State Shura Council to the State Council. Article 4 gives the President of the State Council the powers of the competent minister under legislation. Article 7 deletes references to the Minister of Justice wherever they appear in legislative texts relating to the Council’s work, and substitutes “President of the State Council”.
The three courts within the Council
The fifth amendment provided that the Council consists of the General Body, the Presidency Body, the specialized bodies, the Supreme Administrative Court, the Administrative Judiciary Courts, and the Courts of Employees’ Judiciary. Under Article 7(4) as amended, the Administrative Judiciary Court decides the validity of individual and regulatory administrative orders and decisions issued by officials and bodies in the ministries, entities not linked to a ministry, and the public sector, where the law has not designated another forum for challenge. The Courts of Employees’ Judiciary hear claims brought by an employee in rights arising from the Civil Service Law or from the rules governing the employment relationship, and challenges to disciplinary penalties under the Law on the Discipline of State and Public Sector Employees No. 14 of 1991.
The Supreme Administrative Court is formed in Baghdad. It hears challenges to the decisions and judgments of those two courts, and in doing so exercises the powers that the Federal Court of Cassation exercises under Civil Procedure Law No. 83 of 1969. It also determines conflicts of jurisdiction between the Administrative Judiciary Court and the Court of Employees’ Judiciary.
An Administrative Judiciary Court and a Court of Employees’ Judiciary are formed in four regions: the Northern Region, based in Mosul; the Central Region, based in Baghdad; the Mid-Euphrates Region, based in Hilla; and the Southern Region, based in Basra. Further courts may be formed in governorate centres under the mechanism in the text as now in force, after the President of the State Council was substituted for the Minister of Justice in provisions relating to the Council’s work.
How the time limits are read without mixing them
The grievance and filing periods before the Administrative Judiciary Court, and the cassation period before the Supreme Administrative Court, are set out on the time limit for a claim before the Administrative Judiciary Court and on cassation of decisions of the Court of Employees’ Judiciary: a grievance within thirty days, a decision within thirty days, then filing the administrative claim within sixty days of actual or deemed refusal of the grievance, and cassation within thirty days of notification of the judgment. Which court to choose, rather than how to calculate the period, is discussed in When is a State decision challenged before the Administrative Judiciary Court?.
References to “State Council Law No. 65 of 1979” point to the older statute under the name State Shura Council, not to Law No. 71 of 2017. The number 65 of 1979 remains the source of the substantive rules after amendment, under the present name: the State Council.
The office classifies the decision and identifies the court from this framework.
Legal basis and sources
- State Shura Council Law No. 65 of 1979 as amended by Law No. 17 of 2013
- State Council Law No. 71 of 2017
Frequently asked questions
Did Law No. 71 of 2017 repeal Law No. 65 of 1979?
No. Article 2 keeps the provisions of Law No. 65 of 1979, as amended, in force for the State Council, except paragraph Fourth of Article 6, and changes the name.
Where does the Supreme Administrative Court sit?
In Baghdad, under the amended text. The first-instance courts are distributed by region, and the Central Region is also based in Baghdad.
Is the State Council part of the Supreme Judicial Council?
The text makes it an independent body for administrative justice, opinions and drafting. It is not attached to the Supreme Judicial Council. The Council’s site is council-state.iq.
Related topics and articles
- 01The Court of Employees’ Judiciary and the Administrative Judiciary CourtThe Court of Employees’ Judiciary hears disciplinary penalty appeals; the Administrative Judiciary Court hears other administrative decisions.
- 02Cassation of decisions of the Court of Employees’ JudiciaryHow a judgment of the Court of Employees’ Judiciary is challenged in cassation before the Supreme Administrative Court
- 03Time limit for challenging a decision before the Administrative Judiciary CourtTime limits for a grievance and a claim before the Administrative Judiciary Court: thirty days to grieve, thirty to decide, sixty days to file
- 04Disciplinary penalties under the State employee discipline lawDisciplinary penalties in Law No. 14 of 1991, from a written reminder to removal (azl), and how each penalty affects promotion.
- 05The investigative committee and the employee’s rights during the investigationHow an investigative committee is formed under Article 10 of Law No. 14 of 1991, the employee’s rights, and when referral to the courts is recommended.
The Supreme Administrative Court in Iraq: the challenge and the time limit
The Supreme Administrative Court hears cassation within 30 days of notification or deemed notification, under the amended Article 7.
Read →Grievance against an administrative decision in Iraq
A grievance is required before filing in the Administrative Judiciary Court: 30 days from notification, 30 days to decide, then 60 days to claim.
Read →