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The administration's jurisdiction in issuing the promotion decision and administrative oversight thereof | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 16, Issue: 1 part 1, March 2025, Pages 51-74 PDF (979.75 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.184970 | ||
| Authors | ||
| Hussein Sajit Abbas* 1; Ali Najib Hamza2 | ||
| 1Master's student / Al-Qadisiyah University / College of Law / Department of Public Law | ||
| 2Al-Qadisiyah University / College of Law / Department of Public Law | ||
| Abstract | ||
| The civil service councils in Iraq and comparative countries implement the laws that regulate the civil service, which is the appointment, reappointment and promotion, where the legislation specified the terms of reference and powers of those councils in the promotion of the public employee, in Iraq the theoretical reality contradicts with the practical reality in terms of the entity that undertakes the promotion, but in the comparative countries the bodies identified by the legislation are the ones who undertake it, Promotion is not considered effective until after the issuance of the decision by the competent authority, and the promotion decision is effective from the due date, and for this purpose and for the purpose of redress the employee from the arbitrariness of the administration, legislation has created administrative control to consider those decisions The problem of the study comes from the conflict between theoretical reality and practical reality, as the Constitution of the Republic of Iraq for the year 2005 specified in Article (107) the body that undertakes the promotion of employees, as it stipulated that (a council shall be established, called the Federal Public Service Council, which shall undertake the organization of the affairs of the federal public service, including appointment and promotion, and its formation and powers shall be regulated by law), and the Federal Public Service Council Law No. (4) of 2009 stipulated in Article No. (9) | ||
| Keywords | ||
| promotion decision; administrative control; management competence; enforcement of promotion decision | ||
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