The termination of the functional bond in the case of non-discipline, a comparison between Iraqi and Lebanese law

The public office plays a pivotal role in the formation of the structure of the modern state, as its purpose is not limited to performing some of the tasks necessary for running public utilities, but goes beyond it to a higher goal, which is to achieve the public benefit, that benefit that represents the criterion for the success of the facility, unlike what is established on it in the private work. The benchmark for success is profitability.

And since the public office is the tool of the state in organizing its affairs, undertaking public work is not intended as a mere process of production, but rather to conduct the affairs of society as a whole, as this requires the distribution of competencies in line with the public interest, that good that represents the purpose of the public office, which requires that it be Special laws that express their privacy and serve to achieve the desired goal.

Whereas occupying the public office requires a humane tool represented by the people who carry out the tasks that it imposes, and since the public employee’s relationship with the administration is not permanent and not subject to dissolution. Rather, this bond terminates in the event that one of the reasons stipulated in the relevant legal texts is fulfilled, and then several effects arise. On the expiration of the functional bond.

The researcher divided this study into three chapters: The first chapter is the concept of the civil service and the public employee, in order to find out the topic of the termination of the functional association, it was necessary to clarify the concept of the public office and the public employee, so that this chapter was divided into two topics, the first topic in which we show the definition In the public position and the public employee, in terms of the meaning of both the public office and the public employee, and the clarification of the conditions required by the Iraqi and Lebanese legislators for appointment, and the second topic shows the nature of the relationship existing between the public employee and the administration, in terms of dealing with the views of the jurisprudence that was divided as a contractual relationship or a relationship Organizational.

The second chapter is about the reasons for the termination of the job bond in cases other than discipline, so this chapter has been divided into two sections. The first topic is the regular reasons for the termination of the job bond in cases of discipline, and we discuss in it the accepted resignation in legal form, the retirement referral, the state of death, and the second topic the extraordinary reasons for the expiry The job link in non-disciplinary cases, and we discuss the case of loss of nationality, loss of civil rights, and non-disciplinary dismissal.

The third chapter, the effects of the termination of the job bond in other than the disciplinary cases, so this chapter was divided into two topics. The first section is the effects of the normal lapse of the functional bond in cases other than disciplinary ones. In cases other than discipline, we explain the effects of the cause of loss of nationality, loss of civil rights, and non-disciplinary dismissal.

Then this study ends with a conclusion, which contains the most important findings of the researcher and recommendations, and then the list of sources.