اثر القرار الإداري غير المشروع في المركز القانوني للموظف ( دراسة مقارنة )

The impact of the illegal administrative decision on the position of the employee ( Comparative study)

The public job has the most prominent and important position in the scope of administrative activity due to the state’s policy regulating the administrative job. This is done through administrative actions and decisions that have a binding nature and aim to satisfy public needs. This task is entrusted to natural persons, called public employees, and thus An employee is a person who contributes permanent work in the service of a state-run public utility or other public law person.
The natural person assumes the public job, based on a basis and basis of law that is pre-determined, in the legislation issued to regulate this, as there is in those texts what regulates the matters of the public job, and the method of assigning it to whoever wishes to assume it, in accordance with the conditions specified by law, and in light of that, his position is determined. The legal employee, based on which the employee’s rights and duties are determined, all of this stems from the necessity of the employee’s existence; In order to maintain the continuity of public facilities and preserve the legal positions and rights of individuals.
This study is related to protecting the legal position from illegal management decisions, and this position is (a legal system that grants the public employee a set of rights and imposes a set of obligations on him).
As a result of this study, it was found that Iraqi legislation suffers from a legislative deficiency in addressing the protection subject of the study, as the Iraqi legislator expanded the applications of the discretionary authority granted to the administration in this area, which may result in arbitrariness and avoidance of the law, which affects the legal status of the public employee. Therefore, we concluded by proposing… The legislative authority stresses the importance of studying legislation similar to or similar to the Iraqi circumstances and creating a unified legal organization that addresses the protection subject of the study, in an objective manner, ensuring a balance between the public interest represented by the interest of the public facility, which has not and will not be achieved except by preventing the administration from harming the public employee, and the private interest that the public situation requires or preserves. Legal texts