The Role of the Administrative Judiciary in Monitoring the Decision to Terminate the Service of a Public Employee Due to Disciplinary Penalties (a Comparative Study between Iraq and Algeria)

Author:
Mohammed Jaafar Mhaibes Algabri
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Hamed Karami

In the context of our investigation in our tagged research, the role of the administrative judiciary in controlling the decision to terminate the service of the public employee due to disciplinary penalties in the comparative study between Iraq and Algeria is the basis of the legal relationship supplement and does not provide for specific laws regulating the termination of the service of the public employee and the control of the institution, and specific laws that complement cases of dissolution The association considers administrative justice the basis of work, and the law guarantees its morals for public officials. The administrative decision is also subject to the authority of the law and judicial oversight for the public service of the public employee and the management and development of the continuity of public institutions with the aim of satisfying public needs and achieving the public interest, in addition to the material and moral damage to the public employee in terms of resource and legal guarantee to confront the administrative decision to dissolve the functional union and the level of its legitimacy in this decision if The name of the authority on the part of the administration or the violation is the use of authority, and the control of judges over the completion of judicial procedures, which guarantees public rights and ensures enforcement of those investigating administrative decisions, the statement of the legal system that governs the termination of the service of the public servant, Both national and foreign in terms of showing the asymmetry of the reasons for the termination of this service for each of them, and then stating the effects of the termination of the service, whether they are legal effects, or material effects and knowing the extent to which legal texts can be found capable of dealing with the requirements of the era in which we live and in line with job developments The general public regarding the termination of the service of the public employee and knowing the appropriateness of the legal texts related to the termination of service in the Iraqi and Algerian laws. As well as indicating the extent of the administration’s authority regarding the termination of the service of the public employee, and then the administrative judiciary’s control over the administration in this regard.