سلطة فرض العقوبة الانضباطية على أعضاء مجالس الدولة : دراسة مقارنة

Abstract EN

The authority to impose disciplinary punishment on members of state councils is, in fact, an instrument in the hands of the administration whose purpose is to ensure that members perform their duties and the proper functioning of work within the state council, It is the only body competent to apply the penalties stipulated in the law, Therefore, the authority to impose disciplinary punishment is one of the foundations upon which the disciplinary system to which members of the State Council are subject and to which the legislator gives great importance at the enactment of legislation regulating the affairs of members of the State Council It contains provisions for disciplinary accountability for them that differ from the general rules followed in the discipline of public officials, because this category performs multiple functions, including those related to legalization, Including what relates to opinion and fatwa for the state's departments, and some that relate to administrative and personnel judiciary, through allocate of a disciplinary system for this given category that is consistent with the nature of the jobs they perform, For deliberately distributing the competence to impose disciplinary punishment on members of state councils between the presidential authority that specializes in the discipline of minor disciplinary sanctions and disciplinary councils entrusted with the greater competence to sign disciplinary sanctions as it is in France, In Egypt, he assigned the task of imposing disciplinary punishment to a disciplinary council entrusted to the legislator with limited jurisdiction, but in Iraq, the legislator did not provide members of the Council of State with a system of their own, and thus he subjected them to the provisions of the Law on Discipline of State and Public Sector Employees No.

14 of 1991 amended, including That disciplinary authority, despite the fact that the Iraqi legislator has singled out for their peers judges and public prosecutors delegated within the Council of State their disciplinary systems consistent with the nature of their actions they perform