الإحالة إلى التّقاعد بدرجــــةٍ أدنى (دراسة في التّشريعِ العراقيّ)

Rp-Referral to Retirement with Rank Demotion A study in Iraqi Legislation.pdf

Whereas the work depends on the ability, then the legislator and the administration together have to take appropriate actions to keep the employees who are able to perform the job duties, and this ability may increase or decrease or fall short; by times changing or circumstances. Therefore, we decided in this letter to discuss one of the legal ways, which the legislator has imprinted with privacy, to confront the case of failure that afflicts the private and higher degrees in management, for this we seek keenness to discuss the aspects of the subject with sufficient accuracy, in an effort to present what the subject of the study enjoys from critical importance As it represents one of the legal means to reform the public utility from the beginning, and the administration at the end, and the purpose of choosing the topic revolves around not keeping pace with the legal text of the emerging circumstances, especially with the change of political regimes that followed the year 2003 AD, in addition to the judiciary’s observance to the new legislation while neglecting the previous ones, which It was not suspended or abolished by obvious or implicit texts on the one hand, and the weak role of the administration by following what the law permitted it to follow on the other hand.
As well as the legislator is not restricted by anything but logic and justice in his legislation, and he seeks behind every legislation a specific wisdom, then the referral of the administrative leader is one who weakens Its role is dwarfed by the tasks of the facility, the public institution, or the ministry. It is a responsibility of the administration and not a authorization. Rather, it bears the burden of selecting qualified people to occupy its higher positions. The importance is centered on the regular functioning of the public facility, and its impact on the public interest. Linking the impact with the influencer, between efficiency and effectiveness, but rather between job failure and poor institutional performance, aspiring to present the proposed texts for an integrated legislation that includes between its two rudders what is sufficient for the proper application of the law, chasing in order to reach this goal the analytical approach to the study. By analyzing the legal texts for the referral to retirement with a lower degree, and for a special category of employees, for the general manager and for those who are of a degree or higher among the occupants of high and special positions and ministers. As far as the matter relates to civil jobs, as for the military ones, it is appropriate to address what the legislator came to refer to military retirement with one or two ranks lower, In order to include all aspects of the subject..