The administrative judiciary’s control over the administration’s decisions regarding promotion and job promotion: A comparative study between Iraqi law and Egyptian and Lebanese
- Author:
- Jamal Shaalan Hasballah Al-Khazraji
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Mortada Al-Yassi Ibn Al-Hassan, Ali Saad Imran Al-Qaisi
With the development of the concept of the modern state and the transformation of its tasks from a guard state to a state with various tasks, the most prominent of which is providing services to the public and satisfying public needs. The public function is of great interest in contemporary countries, where it has become certain that the state cannot achieve social and economic development, and from this point of view, each country is keen to establish an objective and rational system to organize the affairs of employment and employees in its various administrative bodies, especially the human element, which is the backbone of the development process. In Arab Countries .
And if the duties of the public employee are of great importance in his relationship with the administration and his performance of the requirements of the job assigned to him, and this is what the public office is keen to clarify, in return it is concerned with the financial rights of employees such as the right to promotion and promotion, which encourages them to carry out their duties and improve their performance.
The study reached a set of conclusions and recommendations, perhaps the most important of which is that the employee’s relationship with the public job is an organizational relationship or a retirement relationship according to the orientations of each country, as well as the legislator set general or special conditions for the employee’s work for the public job in order to find an effective, efficient and honest employee who holds the job, including the condition of age and good conduct and behavior Nationality and obtaining the required certificates and academic qualifications, as the legislator’s position and in order to create a competitive atmosphere among the employees so that they do more in their job sites, and that the employee’s competence, which is the basis of the existence of the public administration, has become a duty for it to put the promotion of its employees to constitute an incentive for them., I also took The idea of job promotion and promotion is a wide field in the laws regulating the job, where there are conditions that must be met by the employee for the purpose of being promoted or promoted and for an increase in his salary. As there are bodies specialized in the promotion and promotion of the employee, as there is a set of formal and objective procedures for this, and accordingly, the promotion and promotion of the employee is effective in the presence of the conditions required, including the presence of a vacant degree and the validity of the employee required for promotion. Promotion and promotion shall be issued by the competent authority for appointment and shall be effective from the issuance of a decision thereon or from the date of a judicial ruling to cancel it.
The most important recommendations reached by the researcher were the text in State Council Law No. of on the procedures to appeal before its courts for exceeding the limit of authority. To clarify the provisions related to the public office in dissolving the law of governorates not organized in a region for the year because the latter granted the governor the powers of the competent minister with regard to local employees