Journal of college of Law for Legal and Political Sciences

The problem of judicial control over the decision resulting from the silence of the administration is the subject of this research. In this study, it became clear to us that the silence of the administrative authority may result in an administrative decision, whether the effect is the result of the administration's abstention or refusal to take a decision. However, this decision is due to the legislator's will, not the will of the administration, and to guarantee the rights and freedoms of individuals from the authority or arbitrariness of the administration, giving the judiciary the power to exercise control over this decision

Administrative arbitration is a civilized means of settling conflicts between natural or moral persons. The arbitration is an exception to ordinary litigation. It relies mainly on the agreement of the parties to the dispute to choose their cases rather than relying on the judicial organization of the country in which they reside. Legislation has codified arbitration as one of the means used to resolve disputes. Among these is the amended Iraqi Civil Procedure Act No. (83) of 1969. The legislator allowed arbitration to be exercised in absolute terms indicating its procedures and mechanism for reaching arbitration. Who are tried in a manner that ensures impartiality, with no violation to public order.

This research tosses light on the theory of unexpected financial difficulties in administrative contracts in French, Lebanese and Iraqi legislations. We have tried to propose a roadmap for the legislator regarding the steps to be followed on this type of administrative disputes and to amend its jurisdiction to the Administrative Court..

Facing the outbreak of the Coronavirus that appeared in China at the end of last year, the administration and represented by the state had to intervene by taking quick and effective preventive measures and providing the necessary health care to citizens, to limit the spread of this epidemic that has become threatening the entire world, even if that restricts One of their freedoms that are guaranteed by the constitution and various international declarations and covenants. The administration assumes many and varied burdens within the framework of the exercise of its activities, and administrative control is one of the most important of these activities, and because it is a preventive system in the first place, it aims to preserve public order and protect basic rights and freedoms under normal or exceptional circumstances, not only at home, but also extending its impact abroad. Through international health cooperation to combat this virus, and therefore the state is obligated to intervene to control and combat everything that affects the public order, whether public security, public peace or public health is not only internally and also grows internationally.

in services and the achievement of justice and reassurance; blessed individuals where human dignity and equality rticular public sector employees to real citizenship , if not non-existent leads to a lack of integrity in the imp.
The weakness o f the sense of feeling among the staff in general and in pa administrative corruption , and the diagnosis of some of the reasons that lead to the spread and penetration in the communities ; , as well as the development of the most important processors that contribute to reducing this phenomenon and raised and its repercussions on the structure of the state to reach the clean and transparent community without administrative corruption lamentation of the tasks assigned to them in the performance of their duties properly in the service of society; This weakness is a major cause for the spread of corruption in the facilities , whether these facilities service or productivity or administrative as well as a range of other factors, the factors that the provision of personal interest to the public interest . So considered corruption crime against individuals society and the state in same time ; means continuing failure of the state bodies and the regulatory authorities, administrative and judiciary to take appropriate to limit the outbreak action .
Also corruption includes , abuse of all operations for the benefit of private commissions such as bribery and against the qualities and theft, embezzlement , abuse of authority and influence peddling , fraud , negligence and neglect , prejudice and favouritism .