الإشكالية القانونية في حياد السلطة الانضباطية

الملخص EN

One of the basic and important guarantees established in the interest of the employee is the impartiality of the disciplinary authority, as the issuance of the disciplinary punishment by a neutral party is one of the most important legal guarantees in the field of discipline, and there is no exaggeration if we say that the legislator, when he specified in legal texts the most important duties and prohibitions that the employee must abide by in application of the principle of legality All of this may not come to fruition if the disciplinary authority is arbitrarily and, for certain reasons, violates these legal texts.

One of the principles of justice is for the employee referred to the investigation to be assured of the impartiality of the competent authority, and the guarantee of impartiality is achieved by regulating the rules of jurisdiction in a way that prevents the combination between the authority of accusation and investigation, as well as the actions of the two response methods.

Resignation to members of the disciplinary authority in the event of personal or functional considerations Or objectivity that surrounds them and makes the disciplinary decision questionable if we know that the Iraqi legislator did not provide for this guarantee, because of the adoption of the presidential system.

Legal guarantees in the investigation and the second topic of formal and objective procedures in the impartiality of the disciplinary authority and the pursuit of the research a conclusion that includes the most important findings and suggestions that we reached.