MODERN JUDICIAL METHODS FOR COMPELLING THE ADMINISTRATION TO IMPLEMENT ADMINISTRATIVE DECISIONS IN IRAQ, EGYPT, AND IRAN

Povzetek

This research aims to reveal the effectiveness of modern judicial means in compelling the administration to implement administrative decisions in Iraq, Egypt, and Iran, as a fundamental guarantee for protecting the principle of legality and safeguarding the acquired rights of individuals. Its central question is the extent to which the administrative judiciary in these countries is capable of addressing the phenomenon of administrative refusal or delay in implementing its rulings and decisions, and whether newly introduced tools such as coercive fines and binding judicial orders are capable of achieving actual implementation. The research employs a comparative and descriptive-analytical approach to analyze constitutional and legislative texts and administrative court rulings in the three countries, focusing on similarities and differences. The findings revealed that Egypt is making legislative and judicial progress in adopting effective tools such as coercive fines and the possibility of holding non-compliant officials personally liable. Iraq, on the other hand, is experiencing slower development due to the absence of clear legal texts and the lack of sufficient deterrent mechanisms for enforcement decisions. Iran has achieved relative progress through the adoption of binding judicial orders, but its efforts remain limited in terms of specific enforcement and direct administrative accountability. It is noteworthy that Iraqi legal scholarship tends to broaden the recognition of the administrative judge's authority to issue orders as an extension of ensuring the rule of law, while Egyptian scholarship tends to restrict this authority for fear of overlapping jurisdictions. Iranian jurisprudence, however, is based on Sharia principles, which allows it to balance respect for the administration with the judiciary's duty to prevent injustice. This has resulted in a hybrid system that combines legal and Sharia standards in defining the scope of the administrative judge's authority