Legal Rules for Investigating Employees in Administrative Law A Comparative Study of Iraqi and Palestinian Law

Author:
Mohammed Jalil Kareem Kareem
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Hamed Karami

In fact, the administrative system is basically based on the realization of public interests and its tool is the good performance of government employees in terms of service, speed, efficiency and honesty so that government services function naturally. For this purpose, the concept of disciplinary system emerged. Reflects: the interests of the government and the interests of employees, so that employees who violate job requirements can not escape punishment or reprimand, nor be oppressed by managers. The disciplinary system plays an important role in all government activities, and according to this reprimand system, if the executive branch hires someone who breaks the rules and regulations, the executive branch has the authority to reprimand the employee. Thus, if he is allowed to work in government without any supervision, he puts the workflow in government apparatus under the control of an interconnected set of tastes and goals that overshadows the intended purpose of the work (ie, the realization of the public interest). Because the employee is considered an opponent and an observer, the executive branch may deviate from exercising its reprimanding authority, or the executive may abuse the reprimanding authority to retaliate against an employee or seize an employee’s private interest. This is where we find that the government has to intervene in some way and apply various rules to the reprimand powers of the executive branch and order the employees to take the actions mentioned in the law so that the government is also obliged to implement them. The investigation itself is one of the guarantees through which the employee can clear the charges by preparing a defense and gathering sufficient evidence. Because the employee may be harmed by the abuse of the executive against the discharge of charges.In this regard, the need to study the legal rules of administrative research of employees in administrative law is explained so that administrative research and its details can be examined and recognized through inductive analytical research method and implementation between Iraqi and Palestinian law. In the first chapter, we have discussed the concepts and generalities, and in the second chapter, we have referred to the reference in charge of administrative research, and in the third chapter, we have discussed in detail the employee guarantees referred to administrative research. We hope it works and We ask God for success.