Legal and Administrative Guarantees for Combating Administrative Crime in Iraq and Egypt

Abstract

This research analyzes the legal and administrative safeguard system protecting the public interest against administrative crime and corruption in Iraq and Egypt. The analysis covers three integrated areas: Legal, Administrative, and International Guarantees.

Constitutionally, Iraq (2005) focused on constitutionalizing independent oversight bodies (e.g., Commission of Integrity) and ensuring their parliamentary oversight. Egypt (2014) featured an explicit constitutional commitment to combating corruption, defining responsible agencies. Legislation bridges these principles with practical enforcement, while the dual judiciary guarantees the rule of law by overseeing administrative deviations.

Administrative Guarantees—chiefly accountability, transparency, and disclosure—are executive tools for integrity. In Iraq, the Commission of Integrity leads investigations, enforced by mandatory financial disclosure. In Egypt, accountability is shared by the Administrative Control Authority and Administrative Prosecution.

Internationally, the UNCAC directly influenced national laws, mandating the establishment of specialized prevention bodies and broadening criminalization to include foreign official bribery and illicit enrichment. The study concludes that the effectiveness of these safeguards depends on the supreme political will to ensure the absolute independence of oversight agencies and remove legislative/administrative impediments.