University of Basra organizes a workshop on proof in administrative litigation
The Faculty of Law at the University of Basra organized a workshop on the burden of proof in administrative litigation.
The workshop aims to introduce the direction of the Supreme Administrative Court in this regard because the ordinary judiciary makes the burden of proof on the plaintiff as a general principle, so the Supreme Administrative Court decision No. 1284 / Staff Judiciary - Discrimination / 2021 came on 8/24/2022, to limit this rule in the administrative judiciary and mitigate the release of this rule that recognizes that the burden of proof falls on the plaintiff.
The workshop included a lecture presented by faculty member Benin Faiq Rashid, during which she explained that
The Iraqi State Council Law (formerly the State Shura Council) No. (71) of 2017 stipulates that the provisions of the Evidence Law No. (107) of 1979, as amended, apply to the procedures followed by the Supreme Administrative Court, the Administrative Judiciary Court, and the Employee Justice Court. While there is no special provision in this law, with reference to the Iraqi Civil Evidence Law No. (107) of 1979 as amended, we find that in Article (7/1) it states: "Evidence is on the one who claims and the oath is on the one who denies.
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