the Role of the Iraqi Council of State in Determining the Rules Governing the Extension of the Effects of Administrative Annulment Judgments to Third Parties: A Comparative Study

Muhaysen, Amer Zghair

doi:10.63677/jqlap.2026.173546.1640

the Role of the Iraqi Council of State in Determining the Rules Governing the Extension of the Effects of Administrative Annulment Judgments to Third Parties: A Comparative Study

https://doi.org/10.63677/jqlap.2026.173546.1640

Volume 17, Issue: 1 part 2
Spring 2026

Pages 1157-1190

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Amer Zghair Muhaysen

Assistant Advisor at the State Council

Abstract

This research addresses one of the legal consequences arising from the authority of judicial judgments, namely the possibility of extending their effects to third parties who were not represented in the litigation. This issue falls within the concept of the absolute authority of judicial judgments, whereby the effects of a judgment may extend to all persons and are not confined solely to the parties to the dispute. Such authority constitutes an exception to the general rule that judicial judgments possess only relative authority, binding exclusively upon the litigating parties.
This study identifies the principal conditions required for the realization of the absolute authority of judicial judgments and, consequently, for the extension of the effects of the annulment of an administrative order or decision to individuals who were not parties to the proceedings. This approach is based on the principle that legality is indivisible, in the sense that an administrative order or decision deemed unlawful with respect to one of its addressees cannot simultaneously be regarded as lawful with respect to others whose rights or legal positions have been affected by the same decision.
The research examines this subject by shedding light on the various forms of the authority of judicial judgments, the conditions necessary for their application, and the legal effects resulting from the annulment of administrative decisions or orders. It further analyzes the requirements for extending the effects of annulment judgments, the different forms such extension may take, and the exceptions thereto.

Keywords

Iraqi State Council

regulation

rules of extension

annulment ruling

administrative decision