Legal Guarantees for Public Servants In The Face Of Disciplinary Penalties In Accordance With Iraqi Legislation
DOI:
https://doi.org/10.61841/0xa29e50Keywords:
legal guarantees, disciplinary sanctions, administrative investigation, administrative grievanceAbstract
The purpose of referring the offending public employee or accused of committing disciplinary offenses to the administrative investigation is to ensure the administration’s right to reveal the truth about the charges attributed to the accused employee regarding his commission of disciplinary offenses affecting the public interest of the administration, and if those violations are proven, then the administration has the right to punish the accused employee In accordance with the penalties stipulated in the Discipline Law of State and Public Sector Employees No. 14 of 1991 amended in accordance with Iraqi legislation, and at the same time, the legislator has provided many guarantees, including previous and contemporary, regarding disciplinary sanctions, including guarantees subsequent to imposing disciplinary penalties, and the purpose of these guarantees is not to abuse the administration in The use of the authority of punishment and that the penalties be proportional in terms of their material and moral effects to the size of the violations committed and that these guarantees are sufficient to achieve justice and reassurance for both parties, whether the administration or the employee is accused. Therefore, the study dealt with this topic according to a plan divided into two researches. Notifying the employee of the violations attributed to him, and then we dealt with contemporary guarantees And represented by the impartiality of the investigation authority, causing the punishment and guaranteeing the right of defense for the employee who is referred to the investigation. In the second section, we referred to guarantees subsequent to disciplinary punishment, represented by administrative grievance and judicial appeal against the disciplinary penalty decision in terms of the competent judicial authority to consider the appeal, procedures, and reasons for appeal.
Downloads
References
1 - Dr. Ahmed Salama , Administrative Investigation and Disciplinary Trial, Arab Renaissance House,
Cairo, 2004.
2 - Dr. Ashraf Abdel Fattah Abu Al-Majd Muhammad, Reasoning Administrative Decisions Before the
Cancellation Judge, Al-Ma'arif Institution, Alexandria, 2007.
3 - Dr. Anwar Ahmad Arslan, Administrative Investigation and Disciplinary Responsibility, Faculty of Law
Press, Cairo University, 1999.
4 - Dr. Raafat , The Legal System of Time in the Cancellation Case, Dar Al-Nahda Al-Arabiya, Cairo.
2010.
5 - Dr. Khaloufi, Administrative Disputes Law, Conditions for Acceptance of Abuse of Power and Full
Judicial Case, Bureau of University Press, Algeria, 1999.
6 - Dr. Ramadan Muhammad Batikh, Mediator in Administrative Law, Dar Al-Nahda Al-Arabiya, Cairo,
1997.
7 - Dr. Saad Al-Shteiwi, Disciplinary Accountability of the Public Employee, New University House,
Alexandria, 2008.
8 - Dr. SaadNawwaf Al-Enezi, Procedural Guarantees in Discipline, University Press, Alexandria, 2007.
9 - Dr. Suleiman Al-Tamawy, The General Theory of Administrative Decisions, Arab Thought House, Cairo,
Fifth Edition, 1984, p. 188.
10 - Dr. Saab Abboud Al-Dulaimi, Formal Defenses Before the Administrative Court, A Comparative
Study, Modern Book Foundation, Al-Sanhouri Library, Baghdad, 2010.
11 - Dr. Abdulaziz Abdel Khalifa, the comprehensive administrative encyclopedia of canceling the
administrative decision and disciplining the public employee, C3, Mahmoud House for Printing,
Alexandria, without a year of publication.
12 - Dr. Abd Al-Ghani Bassiouni Abdullah, Administrative Court, Al-Ma'arif Institute, Alexandria, 3rd
Edition, 2006.
13 - Dr. Esmat Abdullah Al-Sheikh, Referral to Investigation of the Disciplinary System, Dar Al-Nahda Al-Arabiya, Cairo, 2003.
14 - Dr. Ammar Abbas Al-Husseini, An employee and management guide to the administrative investigation
and its procedures, Al-Sanhoury House, 1st Edition, 2014.
15 - Dr. Majed MajedRagheb El-Helou, Administrative Court, New University House, Alexandria, 2010.
16 - Dr. Mohamed Abdel Latif, Tasbib Administrative Decision, Arab Renaissance House, Cairo, 1996.
17 - Dr. Salim Jadidi, The Authority to Discipline the Public Official in the Algerian Legislation, a
Comparative Study, The New University House, Alexandria, 2011.
18 - Shafiq Abdul Majeed Al-Hadithi, Disciplinary System for State Employees in Iraq, Baghdad, 1st
Edition, pp. 120-121.
19 - Dr. Adel Ahmed Fouad, Impartiality as a Guarantee of Discipline in the Public Office in Light of Positive
Law and Islamic Jurisprudence: Analytical Study According to the Latest Rulings and Fatwas of the State
Council, Dar Al Fikr University, 2015
20 - Dr. Othman Salman Ghaylan Al-Aboudi, Explanation of the provisions of the Discipline Law of State
and Public Sector Employees No. 14 of 1991, as amended, an analytical comparative study in light of the
law, jurisprudence and judiciary, House of Books and Documents, Baghdad, 2010.
21 - Dr. Ghazi Faisal Mahdi, Articles in the Field of Public and Private Law, Law and Judicial Library,
Edition 1.2020.
22 - Dr. Muhammad Bahi Abu Yunis, Judicial Supervision of the Legitimacy of General Administrative
Sanctions, New University House, Alexandria, 200.
23 - Dr. Nofan Al-Aqeel Al-Ajarmah, Public Official Disciplinary Authority: A Comparative Study, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2007.
24 - Major General Muhammad Majid Yaqout, Explanation of Disciplinary Procedures in Public Employment, Free Trade Union Professions, and Private Work, Al Ma'arif Establishment, Alexandria, 2004.
25 - Counselor Yassin Taha Weiss, The Mandatory Administrative Grievance in the Administrative Judiciary Court, 1st Edition, Law and Judicial Library, Baghdad, 2013.
Downloads
Published
Issue
Section
License
Copyright (c) 2020 AUTHOR
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
