فاعلية الضمانات الوظيفية لحماية الموظف العام في العراق : دراسة في ضوء الدستور و القوانين العراقية النافذة

الملخص EN

Providing effective job guarantees serves as a fence that protects the rights of employees and pays damages for them, these guarantees are constitutional, implicitly included in the constitution of Iraq for the year 2005, and their work was impeded by the lack of legislation regulating how they should be exercised by employees so that these guarantees are not just ink on paper and to avoid misuse, in other words, there is neither excessive nor negligence in its practice, including what are legal guarantees stipulated by the legislator in the penal code of 1969.

despite the good formulation of the punitive texts that contain these guarantees, the weakness of the penalty contained in them reduced their effectiveness, and the legislator stipulated other guarantees in the discipline of employees law the state and the public sector for the year 1991, whose weak drafting of texts contributed to wasting their value, and judicial guarantees have a great role in protecting the rights of the employee, as they serve as a bulwark that protects the employee from the abuse of the administration.

but these guarantees did not come out of the limitations of the legislative deficiency, in addition to the nature of the practical reality that wasted the effectiveness of these guarantees due to the neglect of the work of some legislative texts in force.