المجلة الجزائرية للدراسات التاريخية والقانونية
Volume 10, Numéro 2, Pages 175-220
2025-09-06
The Role Of Iraqi Courts In Protecting The Iraqi Civil Employee.
Authors : مجدي محمد ياسر .
Abstract
The Court of Justice is considered one of the best means of monitoring the work of the administration and its actions towards employees, as administrative actions and decisions may be subject to defects and oversights. From this point of view, and in order to protect the rights of public employees, the issue of the Civil Service Court is one of the most central issues that deserves focused, in-depth, and comprehensive research. The right to litigation is an inherent constitutional right, guaranteed by all constitutions and laws. It is a cornerstone of any sound democratic government and ensures that no one is hindered from reviewing the judicial authority. Administrative litigation procedures occupy a position no less important than other procedures in the judicial system of any country, as they are the necessary means for resolving disputes that arise between the administration and individuals. In addition, they aim to ensure the validity of legal litigation and facilitate the adjudication of cases to achieve justice, as the needs for justice increase. The fundamentals of society and the intertwined relationships among its members have led to direct state intervention in the economic and social spheres, which has placed an increased burden on administration and development. Society and the evolution of life's issues have required individuals to interact with management. This confrontation has led to the formation of direct and reciprocal relationships between management and its employees, and between management and individuals. Through its legal procedures, management attempts to regulate and manage employee affairs in accordance with the organizational status to which the employee is subject, depending on the function of the public institution and issues of public interest. On the other hand, management may sometimes make mistakes in regulating some of these relationships, especially when it issues its decisions quickly and without haste or haste. Sometimes, management ignores certain legal rules that the legislator insists upon in order to preserve the interests of a large segment of society, namely workers. This leads to their recruitment, which harms them and their rights. Among the matters of achieving justice is that management is subject to the rule of law, and the law is the final decision and its word is supreme. Therefore, there must be judicial oversight of the work of management to ensure the principle of legitimacy and the rule of law on the one hand, and to protect the rights and interests of employees on the other. The descriptive analytical approach, theories of governance and judicial rulings were adopted, and thus this approach was adopted in our study. The existence of judicial supervision over the legitimacy of the administration’s procedures against employees is an important guarantee of the rights and freedoms of employees, and this is due to the adoption of the legitimacy of the rule of law and justice. Finally, we conclude in our study the most important results that the right to litigation is one of the most important human rights guaranteed to people all over the world, as well as the basis for determining the salary of a public employee, two personal bases related to the employee himself, such as his education, skills and social status. The Iraqi legislator has also made the grievance mandatory and considered it a condition for accepting a judicial appeal before the Civil Service Court, and that determining the salary is based on two bases: personal bases related to the employee himself, such as his educational attainment and qualifications, and objective bases related to the type of job and its danger. As for the Egyptian legislator, he stipulated that there is no requirement for formality in the grievance and that the government is the one that determines the salary at its own will through a committee of senior employees. The thesis contained three chapters, the first of which included concepts and generalities, while the second dealt with the role of the Civil Service Court in protecting the rights of the public employee with regard to disciplinary penalties, while the third chapter included the role of the Civil Service Court in protecting the financial rights of the public employee.
Keywords
Keywords:Public employee, employee rights, employee court, administrative lawsuit.
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