The Foundations and Procedures of the Appointment: A Comparative Study between Iraqi, Egyptian and French Law

Appointment to public jobs is a right for every citizen and through research into the legal regulation of appointment bases and procedures, such as the conditions of nationality, age, health fitness, security validity, and special conditions such as scientific and technical competence, performance of military service or exemption from it, loyalty and belonging to the public office, as well as methods for selecting public officials as a method of free choice. The study also included a specification of the functional conditions of the public employee, such as the trial period, transfer, assignment and secondment, and the end and termination of the public employee’s service. The comparison in the general and special conditions of appointment, and considering job competitions more fair and equitable in the selection of public officials, and obtaining good behavior from security authorities is against the law in the process of selecting public officials, and the study reached a set of recommendations such as that the administration should be given greater flexibility in the selection of public officials. The study also recommended that administrative control should be activated on the selection of public officials, it also recommended the adoption of the method of job competitions in the selection of public officials, and recommended the need not to resort to good behavior from the security authorities when hiring and to replace it with non-conviction. The countries under comparison, and Iraq in particular, aimed in enacting their legislation to achieve the best interests of their people, and since the appointment to the public office aims to serve the people, there must be professional bases and procedures in selecting the employee, and among those foundations and procedures are the foundations of occupying the public office through establishing the state applies its own laws in order to reach qualified and competent employees who can put the plans put into practice by the state, bearing in mind that the relationship between the employee and the job is not eternal, it must one day end, as it may end by natural ways such as referral to retirement due to age Legal, resignation, or death and may end in unusual ways such as dismissal, dismissal, exclusion or exclusion from the job, and due to the importance of the job, the legislator has surrounded it with a set of foundations and procedures that must be followed to occupy a specific job position. Therefore, this study dealt with the topic (foundations and procedures for appointment, a comparative study between Iraqi, Egyptian and French law), with the aim of identifying the best procedures for selecting the most efficient and best elements to carry out their job duties and achieve administrative effectiveness.