Legal guarantees for public employees against disciplinary penalties in Iraqi law

Abstract

Disciplinary authority is considered one of the most important powers granted by the legislature to public administration, aiming to maintain the proper functioning of public services, ensure their regularity and continuity in performing their functions, and achieve the public interest. However, this authority, despite its importance, is not absolute. Rather, it is limited by a set of legal safeguards designed to protect public employees from administrative abuse and to achieve a balance between the requirements of professional discipline and the demands of administrative justice. This research examines the legal safeguards afforded to public employees in the face of disciplinary penalties under Iraqi law. It does so by clarifying the concept of legal safeguards and their constitutional and legislative basis, analyzing the legal provisions regulating disciplinary accountability in Iraqi legislation, particularly the provisions of the 2005 Constitution of the Republic of Iraq and the amended State and Public Sector Employees Discipline Law No. (14) of 1991, as well as related legislation and rulings of the Iraqi administrative judiciary. Disciplinary authority is among the most important powers granted by the legislature to public administration, with the goal of maintaining the proper functioning of public services, ensuring their regularity and continuity in performing their functions, and achieving the public interest. The study also highlights the guarantees afforded to public employees before disciplinary action is taken, most notably the principle of legality in disciplinary proceedings, the necessity of conducting an administrative investigation, notifying the employee of the alleged violation, and enabling them to defend themselves. The research also addresses the guarantees available after the imposition of disciplinary action. The study concludes that the Iraqi legislature has provided a significant legal framework for protecting public employees through a set of constitutional and legal guarantees. However, some legislative aspects still require development to enhance the independence of administrative investigation procedures.