التنظيم القانوني للإجازة الوظيفية المستحدثة في العراق (دراسة تحليلية)

Legal Regulation Of The New Functional Leave In Iraq (Analytical study)

Abstract

The modern vacation is one of the newly organized legal concepts, which the competent – legislative and executive Authorities – have sought to determine its provisions from both the theoretical and practical sides, thus this study aims to clarify the concept of the newly created vacation in a manner that ensures to determine its scope and legal basis for it, as well as analyzing its legal provisions in a way that enables to be distinguished from the legal situations similar and to identify the problems in its organization with an indication of the ways to address these problems, and to limit the administration’s Authority to grant or prevent the set forth leave, as we have shown its impact on the employee enjoying it, as well as the impact of leave on the public facility, with a state of its guarantees, which are actually are not exceptional guarantees, but are the same guarantees imposed on the activities of the administration generally, also the nature of the study requires the adoption of the analytical method in. In order to analyze the legal and regulatory texts regulating its provisions, as well as jurisprudence, fatwas, and judicial or jurisprudential decisions, with the help of the deductive method if the scientific necessity of the research requires.
The study concluded at its conclusion with a set of results and recommendations, the most prominent of which can be identified, as the most prominent results that have been reached are that the new functional leave contradicts some of its provisions in constitutional principles, as well as conflicting with some provisions of the service laws in force such as the Civil Service Law and Discipline of Employees Law .The
law of state’s Employees, and public sector as well as the unified Retirement Law, in addition to the fact that the leave the subject of research has no basis within the rules of constitutionality, but its basis was stated in the regular and organizational legislation; Thus, it is considered one of the administrative annexes of the Federal General Budget Law, and its aim is to address the economic situation of the state; Although it did not prove its feasibility in facing the crisis for which it was initiated, it may actually lead to an increase in the burden on the budget. As for the most prominent recommendations, it is the legislator’s call to the necessity of regulating the provisions of the leave subject of study in a special law or amending of the Competent Service Laws with the need to provide the set forth leave with instructions or controls to distinguish that law and instructions with some stability and not to conflict with constitutional and legal principles, with the inclusion of specifying the competent Authority to grant, as well as clearly specifying the restrictions in respect of granting it, furthermore stating the conditions and determinants of granting the leave in a manner that guarantees solving the economic crisis and limiting the rampant unemployment in Iraq or contribute to addressing it, albeit relatively