The legal regulation of decisions to dismiss from public office in Iraqi legislation

Abstract

Abstract: This research studies and analyzes the issue of job exclusion in Iraqi administrative law, focusing on its legal nature and the legislative foundation upon which it is based. The research distinguishes this concept from disciplinary sanctions, especially dismissal, emphasizing that exclusion is not a punitive measure but rather an administrative action triggered by the loss of one or more legal employment conditions required at the time of appointment to public service. The research also highlights that exclusion decisions must be issued by the competent appointing authority, and that Iraqi administrative courts play a vital role in overseeing the legality of such decisions, particularly regarding legal cause, competence, and procedural form. Among the key findings is that exclusion results from the loss of employment eligibility criteria, rather than misconduct. Additionally, any exclusion decision made by an unauthorized authority is legally null due to a grave defect in jurisdiction. The research proposes: amending the Iraqi Civil Service Law to include a clear definition of functional exclusion, and mandating prior investigation before issuing exclusion decisions, in order to safeguard employees' rights.