The Impact and Influence of Disciplinary Authorities on the Judiciary and Administration, a Comparative Study in Iraqi and Egyptian Law

The importance of the study lies in focusing on the disciplinary authority in light of the laws in force on the territory of the state authority and issued in its time, and knowing what problems exist in these laws, which must be scrutinized and carefully addressed in order to achieve a balance between the state interest and the interest of employees in the Iraqi and Egyptian legal system, and therefore we aspire to develop the system career in the state and raise its levels.

And sometimes there are those in the job by the employees, so the state has the right to punish them through the disciplinary authority according to the laws followed in the state, and this disciplinary authority varies from one country to another, it may be based on presidential authorities or may be based on judicial bodies or both. Whatever the form of the disciplinary authority, the laws and legislation guarantee its right to discipline in all the guarantees that achieve justice for people who are subject to discipline by the disciplinary authorities.

The objectives of the research emerge by defining the disciplinary authority, the administration and the judiciary, indicating the influence and influence of the disciplinary authority with the administration, and the influence and influence of the disciplinary authorities with the judiciary. According to the circumstances, the sanctioned public employee also enjoys all the guarantees established in the criminal judiciary. The law determines the form of the court that undertakes this task, as it may exercise it as a subordinate jurisdiction in addition to its original jurisdiction.

I have dealt with this subject according to the methodological plan that relies on the descriptive-analytical-comparative approach to the opinions of jurists and judicial rulings.

The research concluded that the disciplinary judiciary exercises the authority to assess whether the act attributed to the accused employee constitutes a disciplinary offense or not, and to impose the appropriate disciplinary penalty against him or to acquit him, according to the circumstances, and the sanctioned public employee enjoys all the guarantees established in the criminal judiciary and the law determines the form of the court that handles This task may be exercised as a dependency in addition to its original jurisdiction

And that most of the legislation, including the Iraqi legislator, has moved away from describing the crime, and perhaps the reason for this is due to the confusion that may occur between it and the criminal crime, as the amended State and Public Sector Employees Discipline Law No. 14 of 1991 states that (if the employee violates the duties of his job or performs an act of He shall be punished by one of the penalties stipulated in this law, and this shall not affect the measures that may be taken against him in accordance with the laws.