A conflict occurs between two or more courts, such as the conflict that occurs between the ordinary judiciary and the administrative judiciary in countries that adopt a dual judicial system. All or some of the courts refuse to consider the case, claiming that it is not within their jurisdiction, so they refer it to another court, or each court maintains its jurisdiction to consider the case. In this case, the competent authority must be determined from among the judicial authorities or bodies with judicial jurisdiction. The Iraqi legislator adopted this principle by Law No. (106) of 1989, the second amendment to the Council of State Law No. (65) of 1979, and the federal system adopted it by virtue of the Law of Administration of the State for the Transitional Period in 2004 and the Permanent Constitution of 2005, due to the possibility of a conflict of jurisdiction occurring between the ordinary judiciary and the administrative judiciary. This article aims to define this conflict and its application in the event that a conflict of jurisdiction occurs between the Federal Supreme Court and the Administrative Judiciary Court in appealing administrative decisions in Iraq.

Conflict of jurisdiction, Federal Supreme Court, Administrative Court

First: Theses

Kamal Rahim Aziz Al-Askari: The Extension of Jurisdiction in the Civil Judiciary: A Comparative Study (University of Karbala: Master's Thesis 2021).

Wafaa Dahel Al-Kaabi: The State's Function in Compensating for Unconstitutional Laws (University of Maysan: Master's Thesis, 2021).

Second: Books

Abu Faris Al-Dahdah: Explanation of Ibn Malik's Alfiyyah, 3rd ed. (Riyadh: Al-Ubaikan, 2012).

Ahmed Farid Al-Muzaidi: Explanation of Al-Ajrumiyyah Text in the Rules of Arabic by Al-Ashmawi (Beirut: Scientific Books, 2012).

S. Dahshti Siddiq Muhammad: Administrative Judiciary and Conflicts of Jurisdiction with the Regular Judiciary: A Comparative Study (Cairo: National Center for Legal Publications, 2016).

S. Dahshti Siddiq Muhammad: Administrative Judiciary and Conflicts of Jurisdiction with the Regular Judiciary: A Comparative Study (Cairo: National Center, 2016).

S. Sakar Hussein Kaka Mahd: The Responsibility of Public Employees Who Refrain from Implementing Judicial Rulings (Cairo: Arab Center for Scientific Studies and Research, 2018).

S. Nissar Abdul Qader Al-Jabari: The Defect of Lack of Jurisdiction in Administrative Decisions and Judicial Oversight Thereof (Cairo: Arab Center for Scientific Studies and Research, 2018).

Patricia L. Smith and Tilman J. Ragen: Instructional Design, translated by Mujab Muhammad Al-Imam, (Riyadh: Al-Obeikan, 2012).

Dr. Ajyad Thamer Nayef Al-Dulaimi: Rulings on Interrupting the Proceedings of a Civil Suit and Its Legal Implications (Cairo: Arab Center for Scientific Studies and Research, 2018).

Dr. Ahmed Mukhtar Omar: Dictionary of Contemporary Arabic (Beirut: Alam Al-Kutub, 2008).

Dr. Azhar Hashim Al-Zuhairi: Oversight of the Constitutionality of Administrative Regulations and Decisions under the Constitution of the Republic of Iraq of 2005 (Cairo: Arab Center for Scientific Studies and Research, 2017).

Dr. Jawad Mutlaq Muhammad Al-Ati: Negative Administrative Decisions and the Provisions for Appealing Them (Cairo: Al-Fikr wal-Qanun, 2015).

Dr. Hassan Al-Sayyid Basyouni: The Role of the Judiciary in Administrative Disputes (Riyadh: Alam Al-Kutub, 1981).

Dr. Hamidi bin Youssef: Terminological Definition (Amman: Academic Book, 2019).

Dr. Raja Wahid Duwaidri: Scientific Terminology in the Arabic Language (Damascus: Al-Fikr, 2010).

Dr. Rasha Abdul Razzaq Jassim Al-Shammari: The Finality of Administrative Decisions (Cairo: National Center for Legal Publications, 2016).

Dr. Raad Mahdi Razouki and Dr. Nabil Rafiq Muhammad: Thinking and Its Patterns Series (3), (Beirut: Scientific Books, 2018).

Dr. Sarah Lagd: Scientific School Terminology (Amman: Academic Book, 2021).

Dr. Saeed Al-Sayed Ali: Foundations and Rules of Administrative Law (Cairo: Al-Nahda Al-Arabiya, 2008).

Dr. Samir Khairy Tawfiq: The Principle of the Rule of Law: A Study in Legal Philosophy (Baghdad: Ministry of Culture and Arts, 1978).

Dr. Adnan Ahmed Abu Dayyeh: Contemporary Methods in Teaching Social Studies (Amman: Osama, 2011).

Dr. Ismat Abdul Majeed Bakr: Problems of Legislation: A Comparative Theoretical and Applied Study (Beirut: Scientific Books, 2014).

Dr. Ali Ahmed Khader Al-Maamari: Reshaping the World (Amman: Academics, 2021).

Dr. Ali Kahlon: Commentary on the Journal of Civil and Commercial Procedures (Tunis: Al-Atrash, 2016).

Dr. Fouad Muhammad al-Nadi: The Principle of Legitimacy and Controls of the State's Subordination to the Law in Islamic Jurisprudence (Alexandria: University Book, 1980).

Dr. Karwan Izzat Muhammad Doski: The Role of the Judiciary in Protecting the Federal Constitution: A Comparative Study (Erbil: Spires, 2006).

Dr. Muhammad Ali Suwailem: Constitutional Judiciary (Cairo: Egyptian, 2019).

Dr. Muhammad Ali Suwailem: Constitutional Judiciary (Cairo: Egyptian, 2020).

Dr. Muhammad Yusuf Allam: The Principle of Two-Stage Litigation between Positive Laws and Sharia (Cairo: National Center for Legal Publications, 2012).

Dr. Mahmoud Abd Ali al-Zubaidi: The Legal System for the Expiration of Administrative Suits Without a Ruling on the Substantive Matter (Cairo: Arab Center for Scientific Studies and Research, 2018).

Dr. Maysoun Ali Abdul Hadi Al-Hasnawi: The Legal Organization of the Supreme Administrative Court in Iraq: A Comparative Study (Baghdad: Legal Library, 2021).

Shuaib Ahmed Suleiman: Arbitration in Disputes Over the Implementation of the General Economic Plan (Baghdad: Ministry of Culture and Information, 1981).

Sa'b Naji Al-Dulaimi: Formal Defenses Before the Administrative Judiciary in Iraq (Beirut: Modern Book Foundation, 2010).

Taha Jaber Al-Alwani: From the Literature of Disagreement to the Rejection of Disagreement (USA: International Institute for Thought, 2017).

Issam Nour Al-Din: The Intermediate Dictionary of Nour Al-Din (Beirut: Scientific Books, 2005).

Ali bin Muhammad Al-Jurjani: The Commentary on Al-Mutwal (Beirut: Scientific Books, 2008).

Ali bin Muhammad Al-Juma: Dictionary of Economic and Islamic Terms (Riyadh: Al-Obeikan, 2000).

Liwaa Abdul Hassan Attia: The Lexical Companionship (Beirut: Scientific Books, 2018).

Muhammad ibn Abdul Ghani al-Ardabili: Explanation of the Model in Grammar by al-Zamakhshari (Beirut: Scientific Books, 2016).

Muhammad ibn Ali al-Sabban: The Commentary on al-Ashmouni (Beirut: Scientific Books, 2014).

Muhammad ibn Ali ibn Tulun al-Salihi, Explanation of Ibn Malik's Alfiyya (Beirut: Scientific Books, 2002).

Muhammad ibn Manzur: Lisan al-Arab (Beirut: Al-Fikr, 2015).

Mr. Abbas Qasim Mahdi al-Daqouqi: Judicial Reasoning (Cairo: National Center, 2015).

Al-Mu'allim Butrus al-Bustani: Muhit al-Muhit (Beirut: Scientific Books, 2009).

Yamama Muhammad Hasan Kashkoul: The Legal System for the Establishment and Organization of Federal Units (Cairo: National Center, 2015).

Third: The System, the Law of Administration of the State for the Transitional Period, the Permanent Constitution, and Laws

- The System

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. (1) of 2005 (Iraqi Gazette: No. 3997, dated 5/2/2005).

- The Law of Administration of the State for the Transitional Period, the Constitution of the Republic of Iraq, and the Legality of the Federal Supreme Court

The Law of Administration of the State for the Transitional Period of 2004 (Iraqi Gazette: No. 3981, dated 12/31/2003).

The Federal Supreme Court Law No. (30) of 2005 (Iraqi Gazette: No. 3996, dated 3/17/2005).

The Permanent Constitution of the Republic of Iraq of 2005, in force (Iraqi Gazette: No. 4012, dated 12/28/2005).

The First Amendment to the Federal Supreme Court Law - No. (30) of 2005 - No. (25) of 2021 (Iraqi Gazette: No. 4635, dated 6/7/2021).

The Federal Supreme Court Decision: Published in PDF format on the following website: (chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://964media.com/storage/2023/11).

- State Shura Council Laws

State Shura Council Law No. (65) of 1979, published on the website: (https://www.iraqilaws.com/2023/10/65-1979.html).

Second Amendment Law to the State Shura Council Law - No. (65) of 1979 - No. (106) of 1989, (Iraqi Gazette: No. 3285, dated 12/11/1989).

Fifth Amendment Law to the State Shura Council Law - No. (65) of 1979 - No. (17) of 2013, (Iraqi Gazette: No. 4283, dated 7/29/2013).

Iraqi Council of State Law No. (71) of 2017 (Iraqi Gazette: No. 4456, dated 8/7/2017).

- General Laws

National Sports Federations Law No. (24) of 2021 (Iraqi Gazette: No. 4632, dated 5/31/2021).

Public Prosecution Law No. (49) of 2017 (Iraqi Gazette: No. 4437, dated 3/6/2017).

The First Amendment to the Law Repealing Legal Texts Preventing Courts from Hearing Lawsuits - No. (17) of 2005 - No. (3) of 2015 (Iraqi Gazette: No. 3454, dated 3/2/2015).

The Ninth Amendment to the Ministry of Higher Education and Scientific Research Law - No. (40) of 1988 - No. (17) of 2024, (Iraqi Gazette: No. 4785, dated 7/22/2024).

University Service Law No. (23) of 2008, as amended, (Iraqi Gazette: No. 4074, dated 5/12/2008).

Civil Service Law No. (24) of 1960, as amended, (Iraqi Gazette: No. 4133, dated August 17, 2009).

Civil Procedure Law No. (83) of 1969, as amended, published on the website: (https://www.iraqilaws.com/2023/10/83-1969.html).

State Employees' Discipline Law No. (41) of 1929, (Baghdad: Government Press, 1929).

State and Public Sector Employees' Discipline Law No. (14) of 1991, as amended, (Iraqi Gazette: No. 3356, dated June 3, 1991).

Law Amending the Judicial Organization Law - No. (160) of 1979 - No. (8) of 2014, (Iraqi Gazette: No. 4822, dated: April 14, 2025).

Law Unifying the Classification of State Lands No. (52) of 1976, (Iraqi Gazette: No. 2537, dated: July 5, 1976).

Law on the Salaries of State and Public Sector Employees No. (22) of 2008, (Iraqi Gazette: No. 4074, dated: May 12, 2008).

Ministry of Education Law No. (22) of 2011, published at: (https://www.dorar-aliraq.net/threads).

Legal Codification Bureau No. (49) of 1933 (Iraqi Gazette: Issue No. 1280, August 3, 1933).

Fourth: Areas and Conference

- Journals

Jaber Hussein Al-Tamimi: Examining the Limits of the Jurisdiction of the Federal Supreme Court in Supervising the Constitutionality of Laws in Iraq: A Comparative Study (Wasit Journal of Humanities: Vol. 18, No. 1, 2022).

Jaber Hussein Al-Tamimi: Examining the Limits of the Jurisdiction of the Federal Supreme Court in Supervising the Constitutionality of Laws in Iraq: A Comparative Study (Wasit Journal of Humanities: Vol. 18, No. 1, 2022).

Dr. Hossam El-Din Mohamed Morsi: Controls of Administrative Decisions (Journal of the Faculty of Law for Legal and Economic Research at Alexandria University: Vol. 4, No. 1, 2018).

Dr. Hussein Yassin Al-Obaidi: Judicial Reasoning and Its Impact on Bridging the Legislative Gap (Al-Baheth Al-Arabi Journal, Vol. 4, No. 3, 2023).

Dr. Rasha Muhammad Jaafar and Marwa Muwaffaq Mahdi: The Authority Responsible for Resolving Conflicts of Jurisdiction Between the Administrative and Ordinary Judiciaries in Iraq (Journal of Legal Sciences, Vol. 35, No. 3, Vol. 1, 2020).

Dr. Sanaa Taama Mahdi: The Authority Responsible for Resolving Conflicts of Jurisdiction Between the Administrative and Ordinary Judiciaries in the Council of State (Journal of the College of Law and Political Science, No. 8, 2021).

Dr. Fares Hatem: The Effectiveness of the Iraqi Council of State under State Council Law No. (71) of 2017: A Comparative Study (Journal of the Kufa Center for Studies, Vol. 1, No. 59, 2021).

Salem Rawdan Al-Mousawi: Methods of Challenging the Unconstitutionality of Laws Before the Federal Supreme Court (Al-Hewar Al-Mutamadin Magazine: Issue: 6344, dated: September 7, 2019), available at: (https://www.ahewar.org/debat/show.art.asp?aid=648723).

Qahtan Muhammad Salih Al-Hiti: Litigation Procedures Before the Administrative Judiciary Court and the Civil Service Judiciary Court (Al-Hewar Al-Mutamadin Magazine: Issue: 8148, 2024), published on the website: (https://www.ahewar.org/debat/show.art.asp?aid=846868).

- Conference

Dr. Othman Yassin Ali: The Legislative Development of the Administrative Judiciary in Iraq and its Continuity in the Kurdistan Region (The Fourth International Conference on Legal Issues - Faculty of Law, Tishk International University, 2019).

Fifth: Websites

Dr. Ghazi Faisal: The Legal Nature of the Council of State, available at: (https://council-state.iq/?page=47).

The Scientific Committee of Sky News Arabia in Baghdad: The Federal Supreme Court of Iraq: Its Powers and Responsibilities, (Article: 2022), available at: (https://www.skynewsarabia.com/middle-east/1553270).

Dr. Ahmed Talal Al-Badri: The Federal Supreme Court is not primarily competent to interpret legislation, (Article: B.T.), published at: (https://iraqfsc.iq/news.4956).

Dr. Abbas Majeed Al-Shammari: The Concept of the Supreme Interest of the State in the Decisions of the Federal Supreme Court: A Commentary on Federal Supreme Court Decision No. (24/Federal/2022) issued on February 13, 2022, (Article: 2023), published on the website: (https://iraqfsc.iq/news.5102).

Ali Saber Al-Ruwaimi: The Authority of the Administrative Judiciary in Iraq, (Article) published on the website: (https://www.iraqfsc.iq/news.5063).

Council of State: The Historical Foundations of the Council of State and Its Functional Competencies in the Republic of Iraq, available at: (https://council-state.iq/?page=7).

Arabic References

Dr. Hamidi bin Youssef: Terminological Definition, (Amman: Academic Book, 2019), p. 41.

Dr. Raja Wahid Duwaidri: Scientific Terminology in the Arabic Language, (Damascus: Al-Fikr, 2010), p. 145.

Taha Jaber Al-Alwani: From the Literature of Difference to the Rejection of Disagreement, (America: The World Institute for Thought, 2017), p. 266.

Dr. Adnan Ahmed Abu Dayyeh: Contemporary Methods in Teaching Social Studies, (Amman: Osama, 2011), p. 309.

Patricia L. Smith and Tilman J. Ragen: Instructional Design, translated by Mujab Muhammad Al-Imam, (Riyadh: Al-Obeikan, 2012), p. 334.

Dr. Ali Ahmad Khader Al-Maamari: Reshaping the World (Amman: Academics, 2021), p. 41.

Abu Faris Al-Dahdah: Commentary on Ibn Malik's Alfiyyah, 3rd ed. (Riyadh: Al-Ubaikan, 2012), p. 262.

Muhammad ibn Ali Al-Sabban: Commentary on Al-Ashmouni (Beirut: Scientific Books, 2014), vol. 2, p. 138.

Ali ibn Muhammad Al-Jurjani: Commentary on Al-Mutawwal (Beirut: Scientific Books, 2008), p. 118.

Dr. Raad Mahdi Razouqi and Dr. Nabil Rafiq Muhammad: The Series on Thinking and Its Patterns (3), (Beirut: Scientific Books, 2018), p. 172. Liwaa Abdul-Hassan Attia:The Lexical Companionship (Beirut: Scientific Books, 2018), p. 20.

Dr. Sarah Lagd: Scientific School Terminology (Amman: Academic Book, 2021), p. 100.

Issam Nour El-Din: Nour El-Din El-Wasit Dictionary (Beirut: Scientific Books, 2005), p. 449.

Al-Moallem Butrus Al-Bustani: Muhit Al-Muhit (Beirut: Scientific Books, 2009), vol. 9, p. 98.

Muhammad ibn Manzur: Lisan Al-Arab (Beirut: Al-Fikr, 2015), vol. 3, p. 834.

Muhammad ibn Ali ibn Tulun Al-Salihi, Commentary on Ibn Malik's Alfiyyah (Beirut: Scientific Books, 2002), vol. 2, p. 149.

Ali ibn Muhammad Al-Jumu'ah: Dictionary of Economic and Islamic Terms (Riyadh: Al-Ubaikan, 2000), p. 34.

Muhammad ibn Abd Al-Ghani Al-Ardabili: Commentary on Al-Anmodel in Grammar by Al-Zamakhshari (Beirut: Scientific Books, 2016), p. 188.

Dr. Rasha Muhammad Jaafar and Marwa Muwaffaq Mahdi: The Authority Responsible for Resolving Conflicts of Jurisdiction Between the Administrative and Ordinary Judiciary in Iraq, (Journal of Legal Sciences: Vol. 35, No. 3, Part 1, 2020): p. 414.

State Shura Council Law No. (65) of 1979, published on the website: (https://www.iraqilaws.com/2023/10/65-1979.html).

Second Amendment Law to the State Shura Council Law - No. (65) of 1979 - No. (106) of 1989, (Iraqi Gazette: No. 3285, dated 12/11/1989).

The Law of Administration for the State of Iraq for the Transitional Period of 2004 (Iraqi Gazette: No. 3981, dated 12/31/2003), [repealed by the Permanent Constitution of the Republic of Iraq of 2005, effective, except Articles 53/A and 58, (Iraqi Gazette: No. 4012, dated 12/28/2005)].

The Permanent Constitution of the Republic of Iraq, adopted in 2005, is in effect.

Dr. Othman Yassin Ali: The Legislative Development of the Administrative Judiciary in Iraq and its Continuity in the Kurdistan Region, (Fourth International Conference on Legal Issues - Faculty of Law, Tishk International University, 2019), p. 242.

Shuaib Ahmed Suleiman: Arbitration in Disputes Over the Implementation of the General Economic Plan, (Baghdad: Ministry of Culture and Information, 1981), p. 298.

Dr. Muhammad Ali Suwailem: Constitutional Judiciary (Cairo: Egyptian, 2020), p. 472.

Article (44), Clause (a) of the law stipulates that: "A court shall be formed in Iraq by law and shall be called the Federal Supreme Court." Clause (e) stipulates that: "The Federal Supreme Court shall consist of nine members. The Supreme Judicial Council shall initially, in consultation with the judicial councils of the regions, nominate no less than eighteen to twenty-seven individuals to fill vacancies in the court above. It shall subsequently nominate three members in the same manner for each subsequent vacancy arising due to death, resignation, or removal. The Presidency Council shall appoint the members of this court and name one of them as its president. If any appointment is rejected, the Supreme Judicial Council shall nominate a new group of three candidates. A court shall be formed in Iraq by law and shall be called the Federal Supreme Court." The Law of Administration for the State for the Transitional Period of 2004 was repealed.

Dr. Hassan Al-Sayed Basyouni: The Role of the Judiciary in Administrative Disputes (Riyadh: Alam Al-Kutub, 1981), p. 163.

"A legislative vacuum emerges in practical reality when there is no legal text to govern a new event or when its ruling is ambiguous. This leads the ambiguous text to enter the legislative vacuum. Judges must then resort to mechanisms to fill the legislative vacuum, namely: analogy, legal stratagems, and justice. These mechanisms aim to address the legislative vacuum and bridge the gap between the text's inability to accommodate the disputed event and the developments occurring in life, creating compatibility and harmony between the legal text and the new event. This can be achieved by adapting legal texts and granting them broad provisions, or by drawing on the legislative wisdom of the text or the purpose it seeks to achieve, leading to a just ruling." Dr. Hussein Yassin Al-Obaidi: Judicial Reasoning and Its Impact on Filling the Legislative Vacuum (Al-Baheth Al-Arabi Journal, Vol. 4, No. 3, 2023), p. 147.

Federal Supreme Court Law No. (30) of 2005 (Iraqi Gazette: No. 3996, dated 17/3/2005), as amended by First Amendment Law No. (25) of 2021 (Iraqi Gazette: No. 4635, dated 7/6/2021).

The letter "waw" indicates that the conjoined partakes of the conjoined part in the ruling. Ahmad Farid Al-Muzaidi: Explanation of the Text of Al-Ajrumiyyah in the Rules of Arabic by Al-Ashmawi, (Beirut: Scientific Books, 2012), p. 148.

The Permanent Constitution of the Republic of Iraq, adopted in 2005, is in force.

By Article (2) of the First Amendment Law of the Federal Supreme Court Law No. (25) of 2021.

Ms. Abbas Qasim Mahdi Al-Daqouqi: Judicial Reasoning (Cairo: National Center, 2015), p. 95.

Ali Saber Al-Ruwaimi: The Authority of the Administrative Judiciary in Iraq, (Article) published on the website: (https://www.iraqfsc.iq/news.5063).

According to Article 94 of the Permanent Constitution of the Republic of Iraq of 2005, which is in force.

According to Article 5/Second of the Permanent Constitution of the Republic of Iraq of 2005, which is in force.

Yamama Muhammad Hasan Kashkoul: The Legal System for the Establishment and Organization of Federal Units (Cairo: National Center, 2015), p. 151.

The Permanent Constitution of the Republic of Iraq, adopted in 2005, is in force.

Federal Supreme Court Law No. (30) of 2005, as amended.

The Scientific Committee of Sky News Arabia in Baghdad: The Federal Supreme Court of Iraq: Its Powers and Responsibilities, (Article: 2022), available on the website: (https://www.skynewsarabia.com/middle-east/1553270).

National Sports Federations Law No. (24) of 2021, (Iraqi Gazette: Issue: 4632, dated: May 31, 2021).

The decision is published in PDF format on the following website: (chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://964media.com/storage/2023/11). The principle states: "The jurisdiction of the Federal Supreme Court is specified in Articles 53 and 93 of the Constitution of the Republic of Iraq for the year 2005 and Article 4 of the Federal Supreme Court Law No. 30 of 2005, amended by Law No. 25 of 2021 and some other special laws. Among those jurisdictions and powers, there is nothing that grants the court jurisdiction to interpret laws except in the event of challenging their unconstitutionality. It also does not have jurisdiction or authority to answer inquiries submitted to it from official bodies or one of the authorities in the State or unions or federations, including the Iraqi Central Federation for Bodybuilding and Fitness, to clarify the limits of the duties of the federation above regarding granting licenses for practicing the game and opening bodybuilding halls, and whether another party has the right to practice this work based on its law, because the court It is not a body that issues fatwas or expresses opinions, and the subject in question may be subject to dispute before judicial authorities.

Dr. Ahmed Talal Al-Badri: The Supreme Federal Court is not primarily competent to interpret legislation (Article B T) published on the website: (https://iraqfsc.iq/news.4956). Dr. Abbas Majeed Al-Shammari: The concept of the supreme interest of the State in the decisions of the Federal Supreme Court: A comment on Federal Supreme Court Decision No. (24/Federal/2022) issued on: (February 13, 2022), (Article: 2023), published on the website: (https://iraqfsc.iq/news.5102).

Dr. Ismat Abdul Majeed Bakr: Legislative Problems: A Comparative Theoretical and Applied Study (Beirut: Scientific Books, 2014), p. 289.

The Legal Codification Bureau No. (49) of 1933 (Iraqi Gazette: No. 1280, August 3, 1933).

The General Disciplinary Council is one of the essential judicial bodies within the State Shura Council. The historical origin of the General Disciplinary Council dates back to 1929, and its jurisdiction is to consider appeals filed against decisions issued by disciplinary committees. Following the issuance of Civil Service Law No. (103) of 1931, it was granted for the first time the authority to consider employee rights arising from this law. Following the issuance of the Legal Codification Bureau Law No. (49) of 1933, which replaced the State Employees' Discipline Law No. (41) of 1929, and subsequently the State Employees' Discipline Law No. (69) of 1936, which addressed the Council's powers in detail. Then came the State Shura Council Law No. (65) of (1979), which replaced the Law of the Legal Codification Office, as Article Six stipulated the form of the General Disciplinary Council and its connection to it until the issuance of the Resolution of the Revolutionary Command Council (dissolved) No. (1717) on: (11/12/1981), which made the General Disciplinary Council an independent body, and after the issuance of the Second Amendment Law of the State Shura Council No. (106) of (1989), whose Article Seven stated that: "The Council shall exercise the functions of the Disciplinary Council in the field of administrative judiciary, and the President of the State Shura Council shall be its president and its members shall be its natural members, ..." Here, the General Disciplinary Council was re-connected to the State Shura Council with its new judicial body, which became alongside the Administrative Judiciary Court established by the Second Amendment Law of the State Shura Council. Saab Naji Al-Dulaimi: Formal Defenses Before the Administrative Judiciary in Iraq, (Beirut, Modern Book Foundation, 2010), p. 19.

State Employees' Discipline Law No. (41) of 1929 (Baghdad: Government Press, 1929), pp. 1-16.

State Shura Council Law No. (65) of 1979.

S. Dahshti Siddiq Muhammad: Administrative Judiciary and the Conflict of Jurisdiction between It and the Ordinary Judiciary: A Comparative Study (Cairo: National Center for Legal Publications, 2016), p. 8.

Currently replaced by the State Shura Council, the State Council.

Fifth Amendment Law to the State Shura Council Law - No. (65) of 1979 - No. (17) of 2013, (Iraqi Gazette: Issue: 4283, dated 7/29/2013), p. 28.

Second Amendment Law to the State Shura Council Law - No. (65) of 1979 - No. (106) of 1989.

Council of State: The Historical Foundation of the Council of State and its Functional Competencies in the Republic of Iraq, at: (https://council-state.iq/?page=7).

Article (101) of the Constitution stipulates that: "A law may establish a State Council, which shall be competent to perform the functions of: administrative judiciary, issuing fatwas, drafting, and representing all public bodies before judicial authorities, except those exempted by a special law." Permanent Constitution of the Republic of Iraq of 2005, in force.

Iraqi Council of State Law No. (71) of 2017, (Iraqi Gazette: Issue No. 4456, August 7, 2017).

Dr. Ghazi Faisal: The Legal Nature of the Council of State, at: (https://council-state.iq/?page=47).

Dr. Faris Hatem: The Effectiveness of the Iraqi Council of State under State Council Law No. (71) of 2017: A Comparative Study, (Journal of the Kufa Studies Center: Vol. 1, No. 59, 2021), p. 191.

Fifth Amendment Law to the State Shura Council Law - No. (65) of 1979 - No. (17) of 2013, p. 28.

As. Nissar Abdul Qader Al-Jabari: The Defect of Lack of Jurisdiction in Administrative Decisions and Judicial Oversight Thereof, (Cairo: Arab Center for Scientific Studies and Research, 2018), p. 214.

Dr. Ahmed Mukhtar Omar: Dictionary of Contemporary Arabic, (Beirut: Alam Al-Kutub, 2008), vol. 2, p. 1401.

Dr. Ali Kahloun: Commentary on the Journal of Civil and Commercial Procedures, (Tunis: Al-Atrash, 2016), p. 325.

Dr. Muhammad Yusuf Allam: The Principle of Two-Stage Litigation between Positive Laws and Sharia, (Cairo: National Center for Legal Publications, 2012), p. 64.

Dr. Ajyad Thamer Nayef Al-Dulaimi: Provisions for Interrupting the Proceedings of a Civil Suit and Its Legal Effects, (Cairo: Arab Center for Scientific Studies and Research, 2018), p. 69.

S. Sakar Hussein Kaka Mahd: The Responsibility of Public Employees Refusing to Implement Judicial Rulings (Cairo: Arab Center for Scientific Studies and Research, 2018), p. 25.

Dr. Jawad Mutlaq Muhammad Al-Ati: Negative Administrative Decisions and the Provisions for Appealing Them (Cairo: Thought and Law, 2015), p. 23.

Dr. Rasha Abdul Razzaq Jassim Al-Shammari: The Finality of Administrative Decisions (Cairo: National Center for Legal Publications, 2016), p. 33.

Dr. Hossam El-Din Muhammad Morsi: Controls of Administrative Decisions (Journal of the Faculty of Law for Legal and Economic Research at Alexandria University: Vol. 4, No. 1, 2018), p. 129.

The Permanent Constitution of the Republic of Iraq of 2005 (currently in force).

Dr. Fouad Muhammad al-Nadi: The Principle of Legitimacy and Controls of the State's Subordination to the Law in Islamic Jurisprudence (Alexandria: University Book, 1980), p. 30.

Dr. Samir Khairy Tawfiq: The Principle of the Rule of Law: A Study in Legal Philosophy (Baghdad: Ministry of Culture and Arts, 1978), p. 11.

Dr. Muhammad Ali Suwailem: Constitutional Judiciary (Cairo: Egyptian University, 2019), p. 446.

Dr. Azhar Hashim al-Zuhairi: Oversight of the Constitutionality of Administrative Regulations and Decisions under the Constitution of the Republic of Iraq of 2005 (Cairo: Arab Center for Scientific Studies and Research, 2017), p. 35.

The Permanent Constitution of the Republic of Iraq of 2005 (in force).

Dr. Karwan Izzat Muhammad Doski: The Role of the Judiciary in Protecting the Federal Constitution: A Comparative Study (Erbil: Spires, 2006), p. 88.

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. 1 of 2005 (Iraqi Gazette: Issue 3997, dated 5/2/2005). Jaber Hussein Al-Tamimi: Examining the Limits of the Jurisdiction of the Federal Supreme Court in Supervising the Constitutionality of Laws in Iraq: A Comparative Study (Wasit Journal of Humanities: Vol. 18, No. 1, 2022), p. 287.

Salem Rawdan Al-Mousawi: Methods of Challenging the Unconstitutionality of Laws Before the Federal Supreme Court (Al-Hewar Al-Mutamadin Journal: Issue 6344, dated 9/7/2019), available at: (https://www.ahewar.org/debat/show.art.asp?aid=648723).

Internal Regulations for the Conduct of Work in the Federal Supreme Court No. 1 of 2005. Jaber Hussein Al-Tamimi: Examining the Limits of the Jurisdiction of the Federal Supreme Court in Supervising the Constitutionality of Laws in Iraq, a Comparative Study, (Wasit Journal of Humanities: Vol. 18, No. 1, 2022), p. 287.

Federal Supreme Court Law No. (30) of 2005, as amended, in effect.

Civil Procedure Law No. (83) of 1969, as amended, published on the website: (https://www.iraqilaws.com/2023/10/83-1969.html).

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. (1) of 2005.

Wafaa Dahel Al-Kaabi: The State's Function in Compensating for Unconstitutional Laws, (University of Maysan: Master's Thesis, 2021), p. 32.

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. (1) of 2005.

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. (1) of 2005.

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. (1) of 2005.

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. (1) of 2005.

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. (1) of 2005.

The Internal Regulations for the Conduct of Business in the Federal Supreme Court No. (1) of 2005.

Law Amending the Judicial Organization Law - No. (160) of 1979 - No. (8) of 2014, (Iraqi Gazette: No. 4822, dated: April 14, 2025).

The Public Prosecution Law No. (49) of 2017, (Iraqi Gazette: No. 4437, dated: March 6, 2017).

The Public Prosecution Law No. (49) of 2017.

The Permanent Constitution of the Republic of Iraq, adopted in 2005, is in force.

The First Amendment Law to the Law Abolishing Legal Texts Preventing Courts from Hearing Lawsuits - No. (17) of 2005 - No. (3) of 2015, (Iraqi Gazette: No. 3454, dated 2/3/2015).

The Ninth Amendment Law to the Ministry of Higher Education and Scientific Research Law - No. (40) of 1988 - No. (17) of 2024, (Iraqi Gazette: No. 4785, dated 22/7/2024).

The Ministry of Education Law No. (22) of 2011, published at: (https://www.dorar-aliraq.net/threads).

Dr. Saeed Al-Sayed Ali: Foundations and Rules of Administrative Law, (Cairo: Al-Nahda Al-Arabiya, 2008), p. 11.

(Article 7/Fourth).

(Article 7/Fifth).

(Article 7/Fifth).

(Article 7/Seventh/A) and (Article 7/Eighth/A).

The Second Amendment Law of the State Shura Council Law No. (106) of 1989.

Law Unifying the Classification of State Lands No. (52) of 1976, (Iraqi Gazette: No. 2537, dated 7/5/1976).

State and Public Sector Employees Discipline Law No. (14) of 1991, as amended, (Iraqi Gazette: No. 3356, dated 6/3/1991).

Civil Service Law No. (24) of 1960, as amended, (Iraqi Gazette: No. 4133, dated 8/17/2009).

University Service Law No. (23) of 2008, as amended, (Iraqi Gazette: No. 4074, dated 5/12/2008).

State and Public Sector Employees' Salaries Law No. (22) of 2008, (Iraqi Gazette: No. 4074, dated 5/12/2008).

Dr. Maysoun Ali Abdul Hadi Al-Hasnawi: The Legal Organization of the Supreme Administrative Court in Iraq: A Comparative Study, (Baghdad: Legal Library, 2021), p. 23.

Fifth Amendment Law No. (17) of 2013 to the State Shura Council Law No. (65) of 1979.

Dr. Mahmoud Abdul Ali Al-Zubaidi: The Legal System for the Expiration of Administrative Suits without a Ruling on the Substantive Matters, (Cairo: Arab Center for Scientific Studies and Research, 2018), p. 142.

Ali Saber Al-Ruwaimi: The Authority of the Administrative Judiciary in Iraq, (Article) published on the website: (https://www.iraqfsc.iq/news.5063).

Dr. Mahmoud Abdul Ali Al-Zubaidi: The Legal System for the Expiration of Administrative Suits without a Ruling on the Substantive Matters, previous source, p. 158.

Qahtan Muhammad Salih Al-Hiti: Litigation Procedures Before the Administrative Judiciary Court and the Civil Service Court, (Al-Hewar Al-Mutamadin Magazine: Issue: 8148, 2024), published on the website: (https://www.ahewar.org/debat/show.art.asp?aid=846868). S. Dah Shti Siddiq Muhammad: Administrative Judiciary and Conflicts of Jurisdiction with the Regular Judiciary: A Comparative Study (Cairo: National Center, 2016), p. 145. Jurisdiction in civil courts is defined as: "the authority legally granted to a civil court to adjudicate a specific type of lawsuit within its territorial jurisdiction." Kamal Rahim Aziz Al-Askari: Extension of Jurisdiction in Civil Judiciary: A Comparative Study (University of Karbala: Master's Thesis 2021), p. 1.

Article (7/Fourth) of the Second Amendment to the State Shura Council Law No. (106) of 1989.

Dr. Sanaa Taama Mahdi: The Authority Competent to Resolve Conflicts of Jurisdiction between the Administrative Judiciary and the Regular Judiciary in the State Council (Journal of the College of Law and Political Science: Issue 8, 2021), p. 258.