Means of protecting human rights in light of administrative law in the legal systems of the European Union, Iraq, Egypt and Iran

Abstract

This research aims to clarify the concept of administrative control and the limits of its legitimacy, analyze the role of administrative courts in overseeing administrative actions and the enforcement of judicial rulings, and reveal the effectiveness of the legal and judicial mechanisms established to protect human rights in the systems under study. It also seeks to highlight the similarities and differences between these systems in light of recent constitutional and judicial developments. The research's significance lies in its direct connection to the protection of human rights, a fundamental pillar of the modern rule of law, and in the importance of administrative law as the instrument through which the administration exercises its powers over individuals. Furthermore, the study's importance is underscored by its focus on the effectiveness of judicial oversight of administrative actions. The research employs a comparative approach as its primary methodology, comparing the legal and judicial frameworks for human rights protection in the European Union, Iraq, Egypt, and Iran. A descriptive-analytical approach is also utilized to analyze constitutional and legislative texts and judicial rulings related to administrative control and the enforcement of administrative court judgments. The research arrives at several conclusions, most notably that all the legal systems under study agree on granting the administration administrative control powers to maintain public order, but they differ in the extent to which these powers are subject to legal constraints and safeguards. The study also showed that the European Union is distinguished by its advanced mechanisms for judicial oversight and enforcement of judgments related to the protection of human rights, while the Iraqi, Egyptian, and Iranian systems still face challenges concerning the effectiveness of judicial enforcement and the limits of oversight of administrative actions. Furthermore, it was found that administrative justice represents the fundamental guarantee for the protection of rights and freedoms; however, the effectiveness of this protection depends on the degree of judicial independence and the existence of effective legal mechanisms to compel the administration to implement judicial rulings and respect the principles of legality and the rule of law.