The Legal Regulation of the Penalty for Disciplinary Dismissal of a Public Employee in Iraqi, Lebanese and French Law

The procedures for imposing and imposing disciplinary sanctions, including the penalty for disciplinary dismissal of a public employee, are among the most important and accurate issues of the public job because of the serious consequences that affect the functional entity of the public employee, the nerve of the state’s administrative apparatus, and it is one of the most important topics of disciplinary law, and due to its tangible nature and the fact that it represents guarantees and controls Which transcends the disciplining of the public servant to the wisdom for which the penalty was initiated and up to the just punishment that guarantees the public employee and not being subjected to persecution and abuse by the administration or the disciplinary courts. This is because the administration or the disciplinary courts, if they reach their desired goals for the purpose of their establishment, will be due mainly to the good performance of the public employee’s duties assigned to them, and consequently the regular and steady functioning of the state’s public utilities. The disciplinary authority is considered the hump of the disciplinary system, as all state legislators attach importance to it when they put the legislation regulating the public function in the state, and it does not follow the same pace, as it differs according to different legal systems. , including what is entrusted to the judiciary, and this matter differs according to the legislation of each country from the others. Therefore, the public employee to whom the permanent job is entrusted to the staff that belongs to the public utility, after him is one of the management tools after public money, he must abide by his positive duties were Or passive, for fear of falling into disciplinary accountability, which requires disciplinary or disciplinary punishment (whatever the name) In addition to the foregoing; The public servant has legal guarantees and provisions that must be followed by him, when he is subjected to a penalty, as his guarantees are prior, contemporary, and subsequent to the imposition of disciplinary sanctions against him, and this if it indicates the completion of this legal system according to which state officials walk, leading to the final judgment The final and binding is not subject to appeal. We chose the topic of legal regulation of the disciplinary dismissal penalty for a public employee, “a comparative study between Iraq, Lebanon and France, to find out the rules and provisions of the subject in the legislation under comparison, to find solutions to the obstacles that hinder the functioning of the public utility, because of the unexpected risks that may ensue that affect the functioning of the public utility.” In the country regularly and steadily The subject of the study dealt with the problems facing the disciplinary dismissal penalty of the public employee by standing on the latest legislative, jurisprudence and judicial developments in this regard, as well as the presence of several defects in the legal organization of this penalty, which were addressed by the subject of this thesis, in order to strengthen the public employee’s confidence in the legal regulation that governs Its relationship with the administration, and what is reflected in the proper functioning of public utilities regularly and steadily, which the honorable reader will be familiar with – God willing, through a careful, insightful and comprehensive reading.