The competence of the administrative judiciary in resolving the nationality disputes in Iraq

Abstract

      The judicial authority competent to settle nationality disputes in Iraq, is the administrative judiciary, as it has the general jurisdiction to consider all administrative disputes, including nationality disputes because it is legal nature is consistent with its competence in view of the presence of the department concerned with espionage matters as a party to the dispute, and the relationship that governs it is a relationship or a common law association and then the administrative judiciary is the natural judiciary specialized in settling these disputes due to its independence and impartiality.

      There are many lawsuits arising from nationality disputes in general, due to the differences in their location. There is an original lawsuit that takes the form of an appeal against an administrative decision related to nationality, “ and here the main role of the Iraqi administrative judiciary appears in overseeing the work of the administration “. And a declarative or mere call to prove or deny nationality and there is an ancillary lawsuit resulting from a dispute handed over to the judiciary, and all these forms are considered means to protect the individual’s right to nationality and to protect the principle of legality.