“The administrative decision is an obstacle to implementing the rulings and decisions of the Supreme Constitutional Court.”

The Supreme Constitutional Court is competent to consider implementation disputes in its rulings and decisions, aiming to remove obstacles that undermine the effects of its rulings and decisions, prevent the completion of their implementation, or restrict their scope, and end all effects arising from or resulting from them by eliminating the presence of those obstacles and their causes. Its frequent judiciary has settled on considering administrative decisions as one of the forms of those obstacles and subjecting them to its oversight, but on its way to exercising that oversight it is strongly confronted with several questions. The first to what extent is it necessary for the implementation dispute to be the last resort by exhausting all methods of judicial appeal against the administrative decision before resorting to the Supreme Constitutional Court in that dispute? If the answer is no, then we move to another question that is extremely dangerous in its context, determining the dividing line between the jurisdiction of the Supreme Constitutional Court and the Council of State in considering requests to cancel administrative decisions issued in violation of one of the rulings or decisions of the Supreme Constitutional Court.one,When the legislative ambiguity in this issue becomes clear, the question arises as to which court is competent to consider the conflict of negative and positive jurisdiction and resolve the contradiction in rulings between the administrative and constitutional judiciary? In addition to the extent of the constitutional judiciary’s commitment to the procedures for appealing administrative decisions stipulated in State Council Law No. 47 of 1972 AD, such as the deadline and grievance requirement, and resorting to the Conciliation Committee in some disputes in accordance with the provisions of Law No. 7. For the year 2000 AD? The research paper will attempt to answer these questions.