Administrative investigation procedures and guarantees for the public employee, a comparative study (Iraqi – French law)

The administrative investigation is one of the most important guarantees prior to the imposition of the penalty, as the administrative investigation aims to ensure the validity of the violations attributed to the accused employee, and to search for evidence that would prove the attribution of the facts to him, but this right granted to the administration is not an absolute right, but rather a right restricted by passing through many  of the procedures provided for by law;  As the administration cannot refer the employee for investigation without going through the procedures through which the accusation attributed to the employee or his innocence can be proven, in order to achieve the public interest to run the public facility regularly and continuously, guided by the laws in force that govern the public job and its disciplinary system, as well as  The administrative judiciary for employees is one of the most important guarantees through which the employee can appeal the decision of the penalty imposed on him, as the judiciary monitors administrative decisions by verifying the extent of their legality.

      The nature of the study requires following the comparative analytical method by reviewing the Iraqi legal texts in the laws in force, analyzing them and comparing them with the legal texts in the French laws in force, and jurisprudential opinions on the subject of the research in order to reach the desired scientific results of the research.

   In the conclusion, reached a number of results, which can be summed up in the fact that the administrative investigation has guarantees that the administration must abide by during the investigation with the accused employee, as these guarantees and procedures stipulated by the law would make the accused employee reassured of the justice of the entity that is investigating him, Without these guarantees, the investigation becomes arbitrary and does not produce its legal effect،Also, a great deal of protection has been achieved for him as a result of limiting disciplinary sanctions, and it represents a protective shield for him from any abuse that may be inflicted on him by the administration, and the multiplicity and diversity of guarantees in the time stages of discipline is a guarantee in itself.