Disguised penalties and administrative control over them

Abstract

The administration has the discretion to take internal administrative measures against its employees in order to achieve the public interest, and in some cases the administration uses its discretion in order to impose punishment on the employee without following the disciplinary measures mentioned by the legislator in the law, where the administration carries out internal administrative measures against the employee under the cover of interest The general facility for the public facility, but in fact it is a disguised punishment against the employee, with the aim of getting rid of the administration from the employee at the easiest costs and with the aim that its internal administrative procedures are not subject to the control of the administrative judiciary, and this procedure is illegal and subject to cancellation, because this procedure is considered a disguised punishment against the employee, as This is a blatant attack on the principle of (legitimacy of punishment), and it is also considered the abuse of discretionary power by the administration against the employee, and this topic received great attention by the administrative judiciary when it extended its control over administrative decisions related to employees in terms of their legality and illegality, and through extrapolation Administrative Judiciary Applications This study focuses on some of the criteria set by the administrative judiciary in Iraq and the Kurdistn Region-Iraq to reveal the penalties disguised.