استقلالية هيئة النزاهة في تشكيلها و أثرها على فاعلية عملها وفقا لقانونها النافذ رقم 30 لسنة 2011

الملخص EN

The integrity commission is one of the independent bodies which stipulated-in ch.

4 of art.

102 in the Iraqi constitution in force for the year 2005.

one of most important prerequisites that should be provided by the political and legal system in the country is the independence of the bodies competent to combat financial and administrative corruption.

art.

2 of integrity commission law in force no.

30 of 2011 defined the integrity commission as follows : "the integrity commission is an independent body that is subject to control of council of representatives.

it has a moral personality along with financial and administrative independence, represented by its president or whoever who authorizes".

this independence is accomplished through the independence of its administrative structure in terms of controlling work.

the attitude of the federal judiciary supreme court, through the interpretative opinions of the body's constitutional provision, has been inconsistent between acknowledging the independence of integrity commission and making it dependent to executive authority in terms of its work.

this was extremely condemned by Iraqi legal jurisprudence.

the provisions of the integrity commission law included mechanisms in appointment of the chairman of the commission.

this may lead the commission, in turn, to be dependent to the executive authority, which the commission mainly monitors its work.

this would make the commission not independent which prevent it to perform effectiveness in this field.