The Public Law Department at the College of Law at Al-Qadisiyah University organized a scientific discussion panel titled “Evidence in Administrative Lawsuits Legally and Judicially,” presented by Prof. Dr. Ali Najib Hamza and Assist. Prof. Dr. Walid Hassan Hamid.
The aim of the panel was to shed light on a topic considered one of the most important issues raised before the administrative judiciary, namely administrative evidence, which primarily relies on the administrative lawsuit that occurs between two unequal parties, specifically between ordinary individuals on one side and the administration as the holder of public authority on the other. Through this panel, the specificity and ambiguity surrounding the administrative lawsuit were clarified, highlighting its legal features and characteristics to enlighten the judiciary.
The panel concluded that the administration, with its privileges and powers, does not need to resort to the judiciary to carry out its actions against others, who are often in the position of the plaintiff and usually do not possess any privileges or evidence. Consequently, they bear the burden of proof, which has led to the creation of an imbalance between the parties in the administrative lawsuit.
The panel recommended that the Iraqi Parliament should enact an administrative evidence law similar to the amended Evidence Law No. 107 of 1979, given the unique nature of administrative lawsuits that is not reflected in other types of civil and criminal lawsuits.
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