The Immunization of Administrative Decisions upon the Expiry of the Appeal Period:

A Comparative Study

Abstract

The immunization of administrative decisions is a legislative construct aimed at ensuring the stability of legal transactions and the regular operation of public services. Allowing an extended period for litigation or appeals against administrative decisions would disrupt administrative functions and affect the legal positions acquired through these decisions. In Iraq, the appeal period is limited to 60 days, while in the Kurdistan Region, it is 30 days. Once this period expires, the administrative decision becomes immune from judicial annulment and administrative withdrawal. Consequently, an unlawful but immunized administrative decision is treated as if it were lawful, granting administrative decisions final immunity against annulment, even if they contradict the law. The duration of administrative decisions’ immunity differs for individuals and the administration. For individuals, it starts from the date of publication, notification, or certain knowledge, whereas for the administration, the withdrawal period begins from the date of issuance. However, some administrative decisions remain non-immune according to judicial rulings, either due to their ongoing effects, their lack of legal consequence, the delayed emergence of their effects, or the expiration of their impact.