التنظيم القانوني للفصل السياسي في العراق : دراسة مقارنة == Legal Regulation Of Political Dismissal In Iraq : Comparative Stud
Author name:
سلمى غضبان المعموري
Supervisor name:
حنان محمد مطلك القيسي
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1487 - p.pdf
Abstract:
يعد الموظف العام وسيلة الدولة في ممارسة نشاطها والقيام بواجباتها تجاه رعاياها، فالدولة لا تتصرف ا الا من خلال موظفيها والعامليين لديها في المرافق العامة، لذا فان الاهتمام بالموظف العام تنعكس اثاره سلبا وايجابا على الدولة اذ ا، ومرافقها ان من الحقائق المعت | The public employee considered the state's tool in performing its activities and doing its duties towards its subjects; the state cannot perform its duties without its employees and workers; therefore taking care of the public employee reflects negative and positive outcomes on the state and its institutions; Because the facts recognized that the ability and the efficacy of the government institution in performing its duties decided by the quality of the elements that run it and working within it; may be this fact that has led to the big development of the administration perspective towards considering the human factor as the fundamental pillar for production.The subject of fired employees for political reasons considers among issues that affect on the public employment and in result on the work of the public institutions; where it becomes of concern for a broad group of employees that were fired. This group was dismissed from its jobs for flimsy reasons and irrelevant to the reasons of punishment at all; but the reason of their firing is a right among other rights that guaranteed by the constitution; that is the freedom of the employee to express his/her opinion and adopting his believed dogma.It was not possible to find out about this but through changing of the political regime such as in Iraq; that was when the Iraqi legislator issued the forced law of fired employees for political reasons; it is possible to find out about this law by finding or not if the Iraqi legislator in his forced law of fired employees for political reasons was successful in compensate those who fired part of their lost rights during the years of firing.As we are trying to search through the issue of political firing to clarify whether or not the administration has the right to fire the employees and forcing them to leave their jobs, which consider one of the most important rights that guaranteed by the constitution; As well as the confiscates of administration to the employee's right to express his/her opinion and freedom to hold faith that pleases him/her; and force its employees to join its ruling party or doctrine; Is disproval of the administration of the employees affiliation with their dogma and doctrine can be considered enough reason to question, punish and fire the employees?; in addition knowing how the legislator could handling the law of political fire and eliminate the injustice of administration in firing its employees and dismissing away from their jobs?Based on the previous, we divided this subject to introduction, the three chapters and summary and as follows : 1 - As we deal in the Introductory chapter with the definition of the political firing, by dividing this chapter to two sections : sections one searched in the meaning of the Political Firing while sections two was limited to differentiate between the political firing from the mixture with other systems that can end the employment ties;2 - The first chapter deals with the cases of political firing by dividing it to three sections : the first section searched in leaving the job or resignation for political or doctrine or racial; the second section studied the end of employment as result of withdrawing nationality from an employee or difficulty of starting the job; the third section deals with referring the employee to the retirement before reachingthe legal age for retirement for political, doctrine or racial reasons and3 - The two chapter deals with the outcomes of considering firing as political firing in two sections : section one studies the returning to the employment while the second section searched in the rights and privileges of fired employee for political reasons.
