العقوبات المقنعة و رقابة قضاء الموظفين

Abstract EN

Disciplinary penalties are one of the means of administrative control, which administrative legislation relies on, and this is accompanied by the need to respect them by the administration when inflicting the punishment stipulated in the law.

The administration may deviate in the use of its authority by imposing penalties on its employees without having a basis in the law by taking measures Administrative against the employee without a specific accusation, and it covers his punishment without authorizing it.

This type of punishment affects the employee in his future career and constitutes a disguised punishment outside the scope of the penalties stipulated in the State Employees Discipline Law and thus subject to the supervision of an administrative judiciary before the Iraqi Employees Judiciary Court.

This research dealt with the subject of legitimate disciplinary job penalties and then disguised job penalties imposed on the public employee, guided by the rulings issued by the administrative judiciary and the Iraqi Employees Judiciary Court.

He came out with a number of results and recommendations that can be said to be the summary of what the research aimed at, which is the inclusion of employee discipline laws with an explicit legal text stating that it is not permissible to impose disguised job penalties on the public employee, which may reduce the resort to administrative heads to impose such penalties.

As well as obligating the administrative authorities to conduct fundamental investigations with the employee in all cases in which he is alleged to have committed an occupational violation and not to exclude any case from it under any justification, especially since our Iraqi legislator has allowed such a field in the enforceable Law of Discipline of State and Public Sector Employees No.

14 of 1991, in Article (10 - Paragraph 4), taking fundamental investigative measures with the employee in every case in which he violates his job duties may also reduce the imposition of disguised penalties against him, especially since imposing the latter is often without taking the necessary investigation measures with the employee.

In addition to the fact that the judge must note, within the framework of his supervision, the existence of a convincing penalty or not in the case before him in the use of certain elements in addition to what we mentioned previously in the conclusions, which is, first, the presence of a mistake committed by the employee, as there is no convincing penalty with the absence of the employee’s wrong behavior, and secondly, whether measures have been taken An investigation into the violation attributed to the employee, as the administration resorts to imposing disguised penalties without taking this action in most cases, and thirdly, whether the contested action as a disguised punishment targeted the public interest or only punished the employee.