Provisions For Promotion and Appointment in the Public Office According to Iraqi and Lebanese Law

Undoubtedly, in Iraqi and Lebanese law,  public position  provides the public employee in the state’s administrative systems with stability and security, because the public employee remains continuously or permanently in the service of the administration, as he is appointed by a decision of the competent authority in a permanent position in the service of the administration. Public officials in Iraqi and Lebanese law are selected  on the basis of substantive and procedural rules , aiming at ensuring to select the best elements to carry out functional duties. The relationship between the public employee and the state in Iraqi and Lebanese law is a regulatory relationship regulated by laws and the regulations. The study  has been carried out by the descriptive –analytic method and concluded that employees in Iraqi and Lebanese law are individuals appointed to a job that falls within the administrative systems or one of its external or public institutions of the state, and the contractual relationship between the employee and the administration is only based on a common law contract, which is the public office contract, and this administrative contract gives the administration powers of oversight and imposition of penalties on the other contracting party and the amendment and termination of the contract. However, this trend in Iraqi and Lebanese law was criticized because the administrative contract, although authorizes the administration to all these privileges, (i.e. management) is restricted by multiple considerations, the most important of which is the occurrence of a mistake on the part of the contracting parties with the administration or a change of the circumstances and that the administration’s violating these restrictions is subject to judicial oversight, and the contracting party is entitled, in Iraqi and Lebanese law, to request termination of the contract. The concept of job promotion is the transfer of the employee from the job grade he was to the next grade, as if the employee moves from the seventh grade to the sixth grade. This changing of position results in a noticeable increase in the employee’s salary. The promotion has no effect on the position or job title done by the employee, and the promotion has nothing to do with the administrative tasks undertaken by the employee.