Abstract

There is a serious relation between the political regime and administrative law, particularly in terms of adopting political regime in a given State, the administrative Centralization or Decentralization in managing a State on the internal level, as well as the issue of granting a State, its regional and local units the moral personality according to law, then the administrative disputes between them will be settled according to the administrative jurisdiction framework, as pertaining to the participation of the administrative system of State in processes of making and implementing general policies in a State generally, in addition to that concerning the delivery of services to citizens. In this paper, we deal with the application of Administrative Regional Decentralization in Iraq after 2003 which has shaped a new type of relation between the Central Government and the State administrative units, showing the relationship on the level of delivery of services to citizens through concentrating on Babylon local government as a case study. -Research Importance: 1. To draw the attention of the Iraqi Legislature and decision makers that there are differences between the application of Administrative Decentralization and Political Decentralization( Regional) where the first specializes in applying local administration ( Governorates), while the second specializes in applying local governance of Regions, the principles and requirements of the two applications are different legally and practically. 2. To draw attention of the Provisional Councils and the Governors that the basic objective that they have been founded lies in the mobilization of efforts and capabilities to deliver basic services to citizens, promoting them both in quantity and quality. -Research Problem: Though there is a constitutional and legal systems for the Administrative Decentralization, there is still some confusion in the constitutional and legal texts that were formulated after 2003 where the Iraqi Legislature does not distinguish, most of the time, between the Administrative Decentralization and Political Decentralization, so this ambiguity has been reflected in that it does not differentiate between the Local Administration and the Local Governance and their requirements, which is the issue that has an impact on overlapping powers of federal and local powers practically speaking, consequently applying the administrative regional decentralization method away from its legal sound rules, has a negative impact on the quantity and quality of the delivered services. Research Methodology: The analytical methodology research has been adopted being the most harmonized with the nature of its subject matter and in concluding the desired results. -Research Structure: Based on the above, the Research has been divided into four sections, as follows: - First Section: The theoretical framework of the study which dealt with the definition of administrative regional decentralization, its pillars, its constitutional and legal basis in Iraq. -Second Section: The aspects of the relation between the Federal Power and the Local Governments in Babylon Province in terms of services. - Third Section: The reality of Babylon Province, Delivery of services, the challenges it faces. -Fourth Section: The role of Financial Decentralization, Investment Law in terms of services. -Conclusions and Recommendations: At the end of our Research we achieve the following results and proposals: -First - The Results : 1- No accurate definition to the Administrative Regional Decentralization, in the law No.21 for the year 2008 nor in the two laws of amendment No. 15 / 2009 and No.19/2013. 2- Law No (19) of 2013, second amendment, the Law of provinces not organized in region No. 21 of 2008 granted the PCs wide new authorities in the security, investment, delivery of various services fields, by acknowledging the transformation of branch Departments, systems, functions, services, the specializations practiced by the Ministries: M. O. Municipalities & General Labour, M. O. Housing & Reconstruction, M. O. Labour & Social Security, Education, M. O. Health, M. O. Agriculture, M. O. Finance, M. O. Sport & Youth, with the allocated sums in the Balance Sheet and the employees working in them should be transferred to the provinces, within two years after this Law has been applicable. 3- Weak capabilities of the provincial branch Departments and institutions. 4- The provinces incorporated into a territory suffer from lack of economical fields, social security, education, health, infra structures, housing and the cost of living. 5- The provinces face challenges that have bad impact on the delivery of the services field, which are: the Security situation, infra structures, poverty, unemployment, enable women, Monthly Food Ration, professional and technical capabilities of the province. 6- The non completion of the bases for applying the financial decentralization in Iraq which has a bad impact on the delivery of basic services to citizens. 7- The Decentralization application is regarded as a realistic important requirement to implement the development policies in the province, to complete Decision makers in Iraq have to devolve power to provinces to determine their financial incomes and have variety in that. Support to make a general policy in terms of the economized Local Expenditure in the province. Devolve more power to use and employ the suitable land to establish cervical and investment projects. Support to make a general policy in terms of applying a system for domestic taxes, customs and levy them. Support to establish the local Electronic Government to form an accurate data base for all the cervical sectors so that they can be used in the development projects or in making growth plans based on accurate statistics, the projects of services delivery, activate investment whereas the other provinces suffer from weakness in the financial administration. 8- Not establishing (The General Body to Monitor the Allocation of the Federal Incomes) according to Article (106) of the Constitution up to this moment. 9- Though the Investment Law No. (13) of 2006, promotes the delivery of services through investment projects, there are security lawful administrative financial difficulties that impede the process of attracting foreign investors to Iraq. 10- Weakness of the woman role in the cervical field. 11- Spread of poverty and unemployment in Iraq. 12- Weakness at the executive censorship in the cervical field. -Second - The Proposals : 1- The Administrative Regional Decentralization should be understood on the practical plane that it is a method of distributing administrative function or devolving administrative specializations or delegating some of them according to the law among the administrative levels in the State. 2- The PCs should enhance their capabilities; prepare requirements of the delivery of branch Departments of the eight Ministries, apparatuses, functions, services and the specializations that are going to be devolved within the legal specified period. 3- Train on building capacities in terms of planning, drafting balance, institutional planning, engaging citizens. 4- The PC and the Governor should, after consulting the citizens and NGOs, determine priorities, the financial allocations concerning the fields, in a way as to reduce the deprival, raise the standard of living there (in those provinces) according to an applicable strategic plan with integrate elements. The Local Governments should also conduct private surveys to check the citizens’ satisfaction concerning the services so as to meet their needs. 5- The PC and Governor should engage all the general policy maker elements in all those fields which represent important influential challenges to the delivery of services. 6- The Federal Power Bodies in Iraq should make essential reforms in all the financial policies particularly in the special expenses. Reform the Tax policies, reform the borrowing policy, encourage investment, make measures for building capacities, implement data base, make budgets , adopt transparency in terms of the political, administrative, economical and financial affairs. 7- The application of the Financial Decentralization is regarded as one of the important realistic requirements at implementing the development policies, on the province level, at executing the projects of delivering services, activating investment while the other provinces suffer from a weakness in the financial administration. 8- The necessity of enacting the (The General Body for Monitoring the Federal Incomes) by the Council of Representatives for the good monitoring role in the distribution of grants, assistance and international loans, ensure the optimal use of the federal financial incomes and sharing them, ensure transparency, justice at allocating funds to the Territory Governments or the provinces incorporated to a territory. 9- The Federal Authorities Bodies in Iraq should make lawful administrative financial reforms to facilitate the process of attracting investors to Iraq. The Government has to look after the portfolio, on professional technical and informational basis. 10- Deliver the projects that enhance the role of woman all over the province to promote the processes of services delivery particularly that she represents about 49. 5 % of the population. 11- Activate the Law of Social Security to ensure the delivery of services for the poor categories through concentrating on human needs: health care, train the unemployed, provide work opportunities, prepare small loans, monitory assistance for the poor. 12- Engage citizens in the monitoring system, give the parties that deliver services to citizens the responsibility to promote and develop the services.