Principle of neutrality of the investigation committee in the Iraqi law (comparative study)

Ebrahem, Alla

	Principle of neutrality of the investigation committee in the Iraqi law (comparative study)
Risalat al-huquq Journal
Article 9, Volume 3, Issue 1, 2011, Pages 164-184 PDF (0 K)
Author
alla ebrahem
Abstract
The Disciplinary Accountability meaning culpability of the employee about his functional breaches so our subject revolves around the study of one of the public employee guarantees and perhaps it is not less important than an administrative investigation or to give him a chance for the judicial challenge , the neutrality and objectivity of the members of the investigative committee is a characteristic feature and must be found and perhaps, who urged our steps towards the study of the topic is not regulation of the Iraqi legislature for the administrative procedures by independent law that make interested in wondering about which laws this Committee apply? and what are the procedures to be followed? What are the rights of the employee assigned to the investigation? What are the guarantees We divide our study into two sections, the first dealt with the legal system of the investigative committee and the second dedicated to the neutrality of the committee and the guarantees of that feature and emerged from our research a number of findings and recommendations, including that the law of discipline of State officials and the Iraqi public sector No. (14) for the year 1991, amended regulate accusation of the employee by the Minister or the Chief of the Service and referral for investigation by the tripartite administrative committee , but he omitted the text on how the Committee's work and the organization of meetings and the confidentiality of publicity and the ways to compel the accused or the witness to appear in front of the Committee and what is the role of public prosecution at this stage and, more recently, what is the legal effect of its recommendations to close the investigation for lack of evidence or insufficiency of whether it is innocence or similar to the decision of release issued by the magistrate, as we are obliged to invite the Iraqi legislature to pass an independent administrative procedural law regulate administrative litigation and the urgent need to shift to the judicial system in accounting's disciplinary to the employee alleged to have functional breaches rather than presidential accountability adopted by Iraqi law which are no longer consistent with the Iraqi constitutional system in the current constitution of 2005.
Keywords
Neutral investigative committees

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