Electronic administrative decisions: between the requirements of legality and the possibilities of judicial appeal in Iraqi law

Abstract

This research addresses the topic of electronic administrative decisions in light of the rapid digital transformation occurring in public administration. It clarifies the concept of electronic decisions, their legal characteristics, and the foundations upon which their legitimacy rests. Furthermore, it examines the grounds for judicial appeals against them and the resulting consequences. The research employs an analytical approach, drawing upon several legislative and judicial applications, particularly the provisions of the 2005 Constitution of the Republic of Iraq, the amended State Council Law No. (65) of 1979, and the Electronic Signature and Electronic Transactions Law No. (78) of 2012. The research concludes that digital transformation has not altered the essence of administrative legitimacy, but rather has created new forms of illegitimacy related to electronic data, digital identity, electronic authorization, and automated decisions. This necessitates extending judicial oversight to the digital environment that produces the electronic administrative decision, and not limiting it to the decision in its final form. It has also become clear that the effectiveness of judicial protection is not achieved merely by annulling the unlawful decision, but rather requires expediting the implementation of judicial rulings and removing their digital effects. This contributes to strengthening digital legitimacy, protecting digital legal security, and consolidating the principle of the rule of law.