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 →State employees and official discipline
Stay of execution of an administrative decision in Iraqi law
In briefA challenge to an administrative decision in the Administrative Judiciary Court does not, of itself, stay execution. State Shura Council Law No. 65 of 1979 as amended does not treat the filing of a claim as an automatic stay. Where there is no special text, the Civil Procedure Law No. 83 of 1969 applies to the court’s procedure, under Article 7(11).
The full time limits for a challenge are on the time limit for a claim in the Administrative Judiciary Court.
The framework of the courts is on the State Council Law.
Filing a claim does not, of itself, stay execution
Article 7 of State Shura Council Law No. 65 of 1979, as amended by Law No. 17 of 2013, and applied to the State Council by Article 2 of State Council Law No. 71 of 2017, sets out the path from a grievance, then a claim in the Administrative Judiciary Court, then cassation before the Supreme Administrative Court. Nothing in that article makes the mere registration of a claim, or the submission of a grievance, a stay of the decision under challenge.
Execution of the decision therefore continues unless an order or a judgment staying execution is issued, or unless another law special to the case contains an express rule to that effect. Waiting for the outcome of the claim does not, by itself, displace the effect of the decision in the period before judgment.
After a judgment is issued, Article 7(10) provides that the judgments of the Supreme Administrative Court, the Administrative Judiciary Court and the Court of Employees’ Judiciary are issued in the name of the people and are executed according to the law. Execution after judgment is a later path, separate from a request for a stay while the claim is pending.
What applies when a stay is requested?
Article 7(11): the Civil Procedure Law No. 83 of 1969, the Evidence Law No. 107 of 1979, the Code of Criminal Procedure No. 23 of 1971 and the Judicial Fees Law No. 114 of 1981 apply to the procedure followed by the Supreme Administrative Court, the Administrative Judiciary Court and the Court of Employees’ Judiciary, in so far as there is no special text in this law. Law No. 71 of 2017 itself sets no time limit for a stay request and does not lay down a separate procedure for it in any detail.
A request for a stay of execution, if it is made, is put before the court hearing the claim or the challenge, and is examined in the light of the procedural rules that apply where there is no special text. Civil Procedure Law No. 83 of 1969 applies here under Article 7(11), including Articles 141(2) and 150, as set out in the questions below. A stay, if granted, operates from the court's decision.
The file distinguishes three things that should not be mixed: a grievance against the decision within thirty days of notification or deemed notification; the filing of a claim within sixty days of an actual or deemed refusal of the grievance; and a separate request for a stay of execution, if one is made. The first two time limits are in Article 7(7), and cassation of a judgment of the Administrative Judiciary Court lies within thirty days before the Supreme Administrative Court, under Article 7(8)(b). Those periods are set out on the time-limit page.
Decisions imposing a disciplinary penalty follow the path of the Court of Employees’ Judiciary under Article 15 of the Law on the Discipline of State and Public Sector Employees No. 14 of 1991, then cassation before the Supreme Administrative Court. The filing of a claim on that path, too, is not read from Article 15 as an automatic stay of the penalty order.
The office follows any decision or judgment on execution, the date of notification, and any stay request that has been made.
| Step | Its effect on execution, as read from the text |
|---|---|
| A grievance against the decision | Nothing in Article 7 makes it an automatic stay |
| Filing a claim in the Administrative Judiciary Court | Not a stay of itself |
| A separate request for a stay | Put before the court under the procedure that applies where there is no special text |
| A judgment once issued | Executed according to the law, under Article 7(10) |
What is kept in the file: a copy of the decision under challenge and the date of notification; proof of the grievance and of the reply, or of the passing of thirty days without a reply; the claim or its number; any request or order relating to a stay; and the judgment, if one has been issued. The absence of a stay request is not treated as if the claim itself had stayed the decision. If an order refusing a stay is issued, the claim itself remains pending so long as its time limits have been observed.
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
- Civil Procedure Law No. 83 of 1969
Frequently asked questions
If the claim is filed, does execution of the decision stop automatically?
No. Article 7 does not make the filing of a claim a stay of itself. Execution continues unless something is issued that stays it, or unless another law contains a special rule.
To which law does one look for the procedure of a stay request?
Where the amended State Shura Council Law has no special provision, Civil Procedure Law No. 83 of 1969 applies under Article 7(11), including Article 141(2), which lets the court hearing the case decide urgent matters raised incidentally during the proceedings, and Article 150 on filing an urgent request by petition. Whether a stay is granted is for the court.
Is the position different in a claim against a disciplinary penalty?
The path is before the Court of Employees’ Judiciary under Article 15, then cassation before the Supreme Administrative Court. Nothing in Article 15 makes the filing of a claim an automatic stay of the penalty order.
Related topics and articles
- 01Time 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
- 02Grievance against a disciplinary penalty and appeal to the Court of Employees’ JudiciaryA disciplinary penalty is first challenged by grievance, then appealed to the Court of Employees’ Judiciary under Article 15 of Law No. 14 of 1991.
- 03Iraq’s Council of State and the framework of its two courtsWhat Iraq’s State Council is after Law No. 71 of 2017, and how it relates to the Court of Employees’ Judiciary.
- 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.
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 →When is a State employee referred to the courts under the discipline law?
Under the State employee discipline law, an investigation may stay in the department, or lead to referral if the act appears to be a job-related crime.
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