Employee Appeal in Administrative Courts in Iraq and Jordan (Comparative Study)
- Author:
- Ali Najah Hamid
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Muhsen Malek Afzali
The issue of judicial review, as one of the most important guarantees for employees in the face of government decisions, requires study to determine the competent authority to review employees’ appeals against government decisions. The subject of reviewing the rules of litigation and appeal in the administrative courts of Iraq and Jordan is a matter related to the review of administrative litigation, how to file an indictment and how to conduct it, investigate defendants’ defenses, their requests, issue an indictment, enforce a verdict and appeal procedures and other issues.
Judicial oversight of the legitimacy of government actions is an important and necessary guarantee to prevent arbitrariness and haste in administrative decisions, and reflection and delay are in the interest of employees and the government because this oversight is more effective, more powerful and more decisive than other types of oversight. The court is a permanent refuge to guarantee the rights and freedoms of employees against the harmful actions of the government.
The issue of appeal in the rulings of the Judicial Court of Employees in Iraq and Jordan is very important because it focuses on the reasons for the appeal – specifically the rulings and actions required to pursue the administrative appeal. The judicial authority responsible for reviewing the Supreme Court’s appeal will also be studied.
These reasons and regulations need to be carefully studied and understood because the legal texts that deal with this issue are so few that they are not relevant to the importance of the issue. From this we learn that the government, through its legislative powers, has enacted laws and regulations that briefly address the legal status of government employees; Where it mentions the rights and duties of employees and enacts the necessary protection laws to guarantee the employee’s continued enjoyment of his rights and freedoms; The Iraqi and Jordanian legislatures and courts are also moving toward an organizational concept of the employee-government relationship. Although the subject of this research is one of the topics that have been discussed and is still a fertile subject for research and study, this research is distinguished by shedding light on these guarantees in light of the administrative court system, which is still in the process of crystallization, and these guarantees did not receive their right from research and study in it, and that The development in these guarantees according to the amendment or change of existing laws, especially in Iraq and Jordan, gives this study its importance because it aims to find out the latest laws and regulations, and the relevant judicial rulings.