Equality between People in Access to Public Jobs
- Author:
- Hussein Mansour Mohsin Al-Hamzah
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Ali Mirdmad
The principle of equality is based on foundations approved by the human conscience before legislation. It is not fair for an individual to be assigned a matter in which he does not have a share, except that it is an administrative breach resulting from the discretionary power of the administration to choose applicants for appointment after the public job became a dream that individuals seek to achieve. Various countries of the world are encouraged to include this principle in the texts of constitutions and laws legislating for this purpose. Including what was stipulated by the Iraqi legislator in articles 7 and 8 of the civil service law No. 24 of 1960. The burden of verifying it was distributed to the administration and who it intends to appoint, and the penalty for violating it is null and void. The importance of this study comes from the fact that it was based in the research on the provisions of the law and the constitution and the results of the control of the ordinary and administrative judiciary, and that whoever enters the public office is a mistake, making his stay in it a light on it, and the damage is removed, so her main question was what is the principle of equality between people in access to public positions? To what extent did the Iraqi legislator achieve this principle, and this study adopted both the descriptive analytical approach and the comparative approach, and reached results, including the constitutional and legal basis, which emphasized the principle of equality in assuming public office, and the results reached the need to limit direct selection of jobs special grades, which are usually a source of administrative decisions, by making the nomination for them for the general public and then choosing the holder for the conditions of their legal work, as well as middle positions and others, that the appointment and even employment in temporary contracts be central and known to all.