The role of the judiciary in controlling the disciplinary administrative authority of the public servant A comparative study between Iraqi law and Algerian law
- Author:
- Ahmed Haider Ahmed
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- seyyed Ali Mirdamad Najaf Abadi
In the course of this study, the researcher dealt in some detail with the disciplinary administrative authority and its competencies, and the disciplinary guarantees for a public employee who committed a disciplinary offense in both Iraq and Algeria, by addressing the oversight of the disciplinary authority, whether administrative or judicial.
The extent to which these guarantees are sufficient to guarantee the right of the employee to defend himself against the administration when he is accused of committing a disciplinary offense, as we divided these guarantees into safeguards prior to the issuance of the disciplinary decision, parallel guarantees for the disciplinary decision, and post.
disciplinary guarantees. The aim of the researcher is to clarify the procedures followed in a kind of sequence applied in practice, both by the administration and the employee. He reviewed the legal texts in both the Iraqi civil service system. He also examined some of the provisions of the Iraqi administrative judiciary and the general approach to the extent to which they were applied in respect to the right to the safeguards and to their effectiveness and to the extent of their effectiveness of their treatment in relation to their treatment Self.
defense of a public official charged with a disciplinary offense, defense against the administration and prevention of the arbitrary accusation of a public official.
The researcher sought, through what was presented, to clarify the legal loopholes that the administration might exploit in punishing employees who committed a disciplinary violation in both Iraq and Algeria, and linking them to the provisions of the administrative judiciary which represent the actual application of these provisions and the extent of the administrative judiciary’s approval of the legislator. The points of disagreement that he reviewed clarify the ambiguity and confusion of some texts, which is the first step to realize these gaps and can therefore constitute aspects that the legislator must work to ove