Conditions and Procedures for Filing a Lawsuit in the Employees’ Court، a Comparative Study of Iraqi and Kuwaiti Law

Administrative procedures are considered a great importance to any country due to the important step these procedures represent to reach the truth and to ensuring the legal protection of adversaries and in achieving fairness, as they represent the means that must be followed in front of the judiciary for the purpose of resolving disputes between the employee and the administration and that the requirements of life have obligated to the individual to dealing with the management. And that this interaction has led to the emergence of mutual relations between the employee and management, and these relations may be lead to intervening and sometimes conflict with the rights, which leads to the disparity of these rights. There must be legal rules that guarantee the protection of these rights. with necessity to abbreviate these procedures, the subject matter of the study raises a major problem: it’s what are the conditions and procedures for bringing proceedings before the Staff Court in Iraqi and Kuwaiti law and whether the problem should be resolved through a study of the legal texts in Iraqi and Kuwaiti law, which set out the general principles for addressing the problem of research. In our study, we have reached a number of conclusions, the most important of which is that the Staff Justice Court is an administrative judicial court in Iraq and one of the important judicial institutions that protect the rights of employees arising from the application of Civil Servants Act No. (24) For the amended year of the year of 1960 its function is to adjudicate cases occurring between the employee and at the same time the  considered a reference for appealing decide administrative decisions related on the imposition of disciplinary sanctions on employees, and Its decisions do amount to rescinding the administrative decision if it is illegal, but go beyond that by issuing orders and directives to the Department and it also has the authority to amend the administrative decision as well as to abolish it, At the end of the study, we made several recommendations, the most important of which is the need to comply with the conditions and procedures required for the admissibility of proceedings by the court in order for the law to take on its role in protecting  principle of legalilty and affirming the independence of administrative law.