|
The Legal Framework of Retrial in Iraq and Egypt
|
Loa Hasan Sabqani1   , Davoud Mohebbi2 |
1- PhD Student, Faculty of Law, University of Qom, Qom, Iran.
2- Assistant Professor, Faculty of Law, University of Qom, Qom, Iran. |
|
|
Abstract: (24 Views) |
| This study aims to analyze the effectiveness of the retrial (petition for reconsideration / re-examination of judgment) in achieving administrative justice, rectifying judicial errors, protecting individual rights, and proposing recommendations to develop the legal framework, particularly within Iraqi legislation. The research problem revolves around the core question of whether the legal framework governing retrial in administrative judicial proceedings across Iraq, Egypt, and Iran is adequate to achieve administrative justice and safeguard litigants’ rights. It further examines the extent to which this exceptional legal remedy can strike a balance between the necessity of rectifying erroneous judicial rulings and preserving the stability and legal authority (res judicata) of final judgments. Moreover, the research problem raises subsidiary questions regarding the degree of legislative autonomy governing retrial in each jurisdiction, the suitability of general civil procedure rules to the distinct nature of administrative disputes, and the disparity among the three legal systems regarding the impact of retrial on protecting administrative legality. The significance of this study lies in the role of retrial as a vital procedural safeguard for achieving justice; it constitutes a legal mechanism to redress judicial errors that may impair individual rights or perpetuate the effects of unlawful administrative decisions. Methodologically, the study adopts the comparative method as its primary approach by juxtaposing the statutory provisions regulating retrial under Iraqi, Egyptian, and Iranian laws, analyzing their similarities and differences. This is complemented by the descriptive-analytical method to scrutinize relevant statutory texts, legal jurisprudence, and judicial precedents. The study yields several key findings, most notably that retrial represents a fundamental guarantee for achieving administrative justice across all three legal systems, despite variations in their legislative approaches. Specifically, Iraqi legislation lacks an independent framework for administrative retrial due to its reliance on the Civil Procedure Code, which undermines the suitability of applicable rules to administrative disputes. In contrast, Egyptian legislation demonstrates greater clarity in regulating the grounds and procedures for petitions for reconsideration (Iltimas I’adat al-Nazar), supported by an active role of the administrative judiciary in governing its application. |
|
|
| Keywords: Retrial, Judicial Procedures, Administrative, Iraqi Laws, Egyptian Laws. |
|
|
Full-Text [PDF 720 kb]
(25 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2026/10/18 | Accepted: 2026/02/20 | Published: 2026/02/20
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
.png)
