السلطة التقديرية للإدارة في قرار سحب يد الموظف

الملخص EN

This study aimed to reveal the authority of the administration in the field of withdrawing the discretion of the employee or the person assigned to a public service, as this method is considered as one of the precautionary methods followed by the administration, during the period of the administrative investigation when a specific problem arises in the employee’s career life.

This has been addressed by the researcher in this study All that is related to the method of discretion, since Iraqi legislation and comparison have been resorted to.

The Iraqi legislator referred to the discretion in the text of Article(16) of the 1991 Discipline Law of State and Public Sector Employees No.

(14) of amended and he called it discretion, as for the Egyptian legislator Only this type of precautionary method was called (precautionary endowment), as the researcher referred to the types of discretion, and he explained it through the obligatory discretion, and the withdrawal of the permissible authority, and this we have indicated through inference by judicial decisions, that discretion is an administrative procedure subject to appeal.

Finally, the researcher reached the most important findings and recommendations, and among them the administration has the discretionary power in the field of discretion in the event that it feels that the employee’s survival may constitute harm to the functioning of the job.

An appeal, and we suggest to the legislator that the employee be permanently removed from the department, as the employee who withdraws his authority may be able to access files or information that may help the facts to be lost, and suspension from work is not sufficient for his presence inside the government facility.