Disciplinary guarantees for public servants in the Iraqi and Jordanian legislation
- Author:
- Jaafar Qahtan Abdul Karim Al-Bazouni
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Muhammad Rasool Ahangaran
- Advisor(s):
- Alaa Nafeh Al-Eidani
This study deals with the disciplinary guarantees of public servants, as I have studied these guarantees in light of successive Iraqi discipline laws, starting with Law No. (41) of 1929 until the issuance of the last disciplinary law, the Discipline of State and Public Sector Employees Law No. (14) of 1991 amended, compared to the regulations The Jordanian civil service, starting from Regulation No. (1) for the year 1988 until the date of the issuance of Regulation No. 9 of 2020, and this research began by talking about the background of the public employee in terms of his definition and his relationship with management, detailing the opinions and disagreements between jurisprudence and the judiciary about nodal theory and organizational theory ‘Where some of them went to regard the employee’s relationship with the state as an organizational relationship, and others interpreted the employee’s relationship with the state as a contractual relationship. In this research, the duties of the public employee were reviewed, as we found it necessary to find out what is considered contrary to these duties, considering these violations are justifications for subjecting the employee. This is why the disciplinary laws in the Iraqi and Jordanian legislations strive to achieve a balance between the effectiveness and the guarantee elements in a defective In the administrative apparatus, the public office, and to achieve this balance between the employee’s interest and the interest of work in the field of employment, in a manner that ensures the achievement of the public interest, Iraqi and Jordanian legislators have approved a set of guarantees for employees who are accused of committing disciplinary offenses, in order to secure the justice of disciplinary punishment, and spread reassurance in The souls of the employees on the one hand, and ensuring the deterrence and effectiveness of the disciplinary system in order to achieve the progress of the administrative work on the other hand, and these guarantees are some of them that precede the imposition of disciplinary punishment, or what is contemporaneous with it, and the guarantees that are later to impose the disciplinary penalty, which we will discuss during the chapters of this research And Allah is the Grantor of success.