The Responsibility of Disciplining the Public Duty in Iraqi and French Law

Before dealing with the topic, which is the disciplinary responsibility of a public employee in Iraqi and French law، we must address what is the disciplinary responsibility of the public employee in Iraqi and French law. The public employee undertakes many administrative work in various fields, which takes the form of functional duties, respect for subordinates, and avoidance of prohibitions … etc. In practice, the employee breaches his administrative duties, which results in the realization of the disciplinary responsibility of the public employee in Iraqi and French law. Here, the employee must be stated and defined by the French administrative law and referred to in the internal laws of each of them in order to get to the topic that we have written and discussed, and to clarify the entire basis of disciplinary responsibility, that is, a statement of the conditions and the special concept of each of them. In another way, administrative violation or disciplinary violation committed by the employee should be addressed. Also, we have indicated its nature. We touched upon the authorities concerned with imposing the Disciplinary sanction, we have clarified who is the competent authority to impose disciplinary sanction in Iraq and France. In Iraq, the powers to impose sanction on the employee are the head of the administration or the deputy or whoever represents them. In France, the system is slightly different in the mechanisms of imposing disciplinary sanction on the employee, as it is imposed through the presidential system, the judicial system, or the quasi-judicial system. We also searched for the legality of the disciplinary punishment, and have shown that the employee cannot be punished for the same act twice, as it is against the law. Also, the punishment imposed on the employee must be appropriate for the violation, and we have clarified the most important reasons on which disciplinary penalty is imposed. On the other hand, we searched for disciplinary sanctions, which are divided into three types: First, penalties of a moral nature (penalty for drawing attention, warning and reprimand) and secondly, penalties of a financial nature (cutting salary, decreasing salary and demotion) and thirdly, penalties for the job relationship (dismiss)، we suggest that there be a legal basis for the violation, regardless of the country in which the violation is committed because the administrative system is the same and almost unified, so the violation must have a clear and explicit basis in Iraq and France (the subject of our study).