التنظيم القانوني للوظيفة المحجوزة في القانون العراقي (دراسة مقارنة)

The legal regulation of the reserved function in Iraqi law ( Comparative study )

This study relates to one of the methods of selecting public employees, which is the reserved job, which the administration resorts to after the legislator’s report to it, and in order to achieve a goal that differs from the main goal of the other selection methods, which are mostly humane considerations, or the absolute choice of management, and the exception of The traditional goal of choosing the best elements suitable for public office positions, as this study highlighted that the reserved job enjoys flexibility, as it depends on multiple considerations, and is an exception to the principles that govern the right to take over the public office, but as a method of employment it must be subject to the general conditions of employment Except what contradicts its purpose and what the legislator wants to mitigate. While the wisdom of the reserved job stems from the philosophy of preserving the public interest and taking into account the conditions of the groups that deserve those jobs, and then the reserved job is a departure from the general principle of selecting public officials in a peaceful manner consistent with the principles of justice and equality.
As a result of this study, it was found that the Iraqi legislation suffers from a legislative deficiency in addressing the reserved job completely, as the Iraqi legislator expanded in the applications of the reserved job, especially in recent years. It objectively addresses the categories of reserved jobs in a manner that ensures a balance between the public interest represented by the interest of the public utility, which has not and will not be achieved except by selecting the best human elements and the special interest required by the general conditions Or it is protected by the legal texts contained in the laws on transitional justice. Finally, the absolute authority of the administration to fill the reserved jobs must be restricted in order to limit the subjective motives for occupying them with specific persons who meet the minimum conditions of experience, competence, integrity and honesty.