موانع ترفيع الموظف العام : دراسة مقارنة

Abstract EN

Impediments of promotion acquire their significance from the significance of promotion itself in that the availability of promotion conditions does not mean the promotion of public servants automatically from the administration .

if an impediment regarding promotion areas, this will mean discontinuance of promotion of public servant according to the nature of each impediment as they are obstacles which may prevent the promotion of public servant whose official life will be affected materially and morally.

The study aims at demonstrating the promotion impediments in Iraq and the comparative countries, finding the solution for problems which may result from the Iraqi legislators ignorance of treatment of certain cases which have been treated by the comparative countries, and explaining the attitude of comparative judicature and the solutions deduced by it even in the event of absence of a legal provision and the possibility of making use of them in the Iraqi law.

Impediments of promotion in the Iraqi law has not received the same significance given by the comparative countries, which negatively affects the public servant right to financial promotion and academic promotion.

Such an ambiguity is complementary to the ambiguity made by the Iraqi legislator in regulating the public servant s financial promotion and academic promotion generally.

The study has arrived at a number of findings the most important of which is the absence of an explicit legal provision in Iraq due to nonexistence of regulation of many of these causes unlike France and Egypt.

In Iraq interrogation is not deemed to be an impediment of promotion directly and it has not tackled the issue of due date of financial promotion of public servant at periods of dismissal from job.

This occurs naturally due to the ambiguity of legal provision dealing with financial promotion of public servant and confusing it with academic promotion in terms of legal terms.

Therefore, the Iraqi legislator is advised to avoid that through inserting a definite definition of financial promotion and academic promotion each and explaining its attitude towards the impediments of promotion through limiting it accurately and unambiguously.