THE LEGAL VALUE of the UNDECIDED UNILATERAL ADMINISTRATIVE ACTS COMPARATIVE STUDY))

Abstract

Abstract

The Supreme Judicial Council is considered the highest administrative and oversight body for the ordinary judiciary, which was established after 2003 to ensure and achieve the independence of the judiciary from the legislative and executive authorities, which was previously linked to the Ministry of Justice, which is responsible for managing the ordinary judiciary. The Iraqi Constitution of 2005 stipulated the formation and powers of the Council, and referred the legislature the method of its formation, powers, and its rules of procedures. Law No. (45) of 2017 on the Supreme Judicial Council was issued, regulating the Council's formation, powers, and its rules of procedures through granting the Council the right to oversee and supervise the judiciary and manage its affairs, including the nomination of judges for appointment and the supervision on all administrative matters related Judges including, their promotion, transfer, assignment, and extension of service. The Council also has oversight responsibilities, including overseeing the affairs of the federal judiciary, monitoring the work of judges, and monitoring the implementation of judicial agreements and other matters. The Council is also responsible for managing the Council's budget. This council consists of the President of the Federal Court of Cassation as its chairman, the Vice-Presidents of the Court of Cassation, the Head of the Public Prosecution Entity, the Head of the Judicial Oversight Authority, the Presidents of the Federal Courts of Appeal, and the Presidents of the Judicial Councils in the region as members.

Key words: Judicial Council, Judicial Council Composition, Administrative Competencies, Judges, Judicial Independence.