التنظيم الدستوري والقانوني للقيود الواردة على ممارسة الموظف العام للحقوق السياسية في العراق : دراسة مقارنة == Constitutional and legal regulations Of The current restrictions prevented public servant of practicing the political rights in the Iraq Comparative study)
Author name:
عبد الله جبار رضيو
Supervisor name:
جعفر عبد السادة بهير الدراجي
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Master
University:
University Of Basrah - College Of Law And Politics - Department Of Public Law
Language:
Arabic
University location:
Basrah
First pages:
13T1628 - p.pdf
Abstract:
Political rights considered a central pillar of democracy system, which enable the citizen by it to participate in making general policy of the country and express his opinions freely, so these rights have international interests represented in writing down them most international & regional conventions and treaties, also most states cared to legislate these rights in their constitutions, but legislating these rights in international conventions and constitutions don't mean at any way they will be free of restricts or regulation that defined and clear the permissible and prohibited of them, because the absolute lead to spreading chaos in the society.The public servant as any citizen can practice his political rights, which guaranteed by constitution and current laws but his title as public servant related to the government and represent it at the same time imposes some restrictions which should he considered and commit them when practicing these rights.Most states adopted the civil service principles, like office neutrality belief and the belief of working public utilities regularly and the group of positive and negative duties of the office, adopted that as a reason to restrict these rights to find a balance point between practicing public servant to his political rights as a citizen and the state right to operate public utilities smoothly without affecting with the political affairs in the country, and from another side to ensure getting all citizens these services without distinguishing based on their political loyalties.These restricts have many faces and they may restrict the public servant during expressing his opinion or electing or nominating or founding a political party or involving with one, in the field of expressing his opinion, the public servant commitment with a general role of not attacking current government policy or calumniating it or the field he works in and that called duty of preservation, also commit with loyal to the government and prevent backing up the separation claims or insulting the national occasions, but he is not obligated to be loyal to the government except the ones with a higher positions which political considerations play a role in choosing them. in the field of election, most states allow the public servant to elect his representatives except some states who exclude some groups of employees like military people in Egypt, and to observe the public job neutralism most job regulations agree to exclude some groups of employees from nomination right, and prevent the employee of exploiting the state resources or his job title during election publicity, and prevent complaining between job title and parliament membership.In the field of belonging to political parties, most states in general forbidden the employee to establish or belong to illegal parties and forbidden some categories of employees to belonging to political parties because of job sensitivity they occupied and prevent the employee practicing political work inside state institutions. These restricts don't make any problem to the public servant if he commit them during practicing his political rights, but the problem begin when the public servant break one of these restricts and the legal responsibility rises and the responsibility will differ according to the nature of action he commit, because breaking some restricts require the disciplinary responsibility and then impose one of the disciplinary penalties, also it may raise the crimination responsibility of the public servant if the action lead to a crime text in the criminal code or its complementary laws, and the criminal action effect will not stop by the original sentence but continue to eliminate the employee job independency or complementary, also the civil responsibility of the employee realized if it's elements verified as cause and damage and the relation between them.We reached, through making comparison between the restricts on public servants in France and Egypt and the current situation in Iraq, that there are a actual need to block the legislative hole through restrict some political rights of some categories of the employees to achieve balance between practicing political rights of the public servant as a genuine rights and restrict them as an exception
