التنظيم القانوني لإقالة المحافظ في القانون العراقي: دراسة تحليلية

Abstract EN

There is no doubt that the position of the governor is one of the most important positions in the field of local administrative organization, as he is the highest executive employee in his administrative unit, and as a guarantee for the good performance of the public function, any position, including the position of the governor, must be in the service of public interests, otherwise, whoever occupies this position will be subject to legal accountability, and the matter may end in the dismissal of the governor, and here the question arises about the nature of the dismissal of the governor, what are its cases, the reasons that lead to it, and what are the implications for it? The problem of the research was the presence of a legislative deficiency regarding the legal organization for the dismissal of the governor and the procedures for interrogating him in Iraqi law, Thus, the objectives of the research was to address the legal organization for the dismissal of the governor in Iraqi law and its evaluation, and to clarify its shortcomings and loopholes in order to bridge these gaps and to propose legal texts to bridge the existing legislative deficiency and develop it, all according to the analytical and inductive approach.

The research reached a set of conclusions, including that the dismissal is a reason for the unnatural interruption of the functional relationship of the governor with the administration before the end of the electoral cycle of the provincial councils, according to the reasons and conditions specified by law, with the presence of confusion and conflict between a set of relevant legal texts, a set of recommendations and proposed legal texts were presented in the research in order to better and more accurately organize the issue of dismissal of the governor in Iraqi law.