Appealing against the decision of the imposition of disciplinary actions -A comparative study-

Section: RESEARCH
Published
Aug 4, 2025
Pages
197-236

Abstract

The aim of this paper is to state the complaint of the decision of imposing the disciplinary punishment, as an important guarantee of the employee to face disciplinary authorities. The purpose of the administrative complaint is to move self-control process by making the employee enable to complain the discipline decision that issued against him, in case if the administrative management abused to publish it in order to reconsider it , either to modify, to withdrawal, or delete it. The study of this subject required to highlight the administrative complaint, its types, conditions and form , from one hand ,and to clear the law effects from the other.
The researcher concluded a part of results approved during the study, and suggestions to treat the research problems.

References

  1. . The decisions and fatwas of the State Shura Council for the year 208 2-
  2. . 4- Law of the State Shura Council No. (65) of 1979 amended
  3. . 4- The Fifteen Years Encyclopedia, part 1
  4. . 5- State Council Law No. (71) of 2017, the Iraqi Fact Sheet, No. 4456 on 7/8/2017
  5. . 6- Iraqi Code of Procedure No. (83) of 1969 amended
  6. . 7- Law No. (17) of 2013, the fifth amendment to the State Shura Council Law No. (65) of 1979
  7. . 8- Law No. (106) of 1989, the second amendment to the State Shura Council Law No. (65) of 1979
  8. . State and Public Sector Discipline Law No. (14) of 1991 amended.2-
  9. .6- Decisions and fatwas of the State Shura Council for the year 2009
  10. .7- The Modern Administrative Encyclopedia, Part 46
  11. .A set of provisions for the thirty-sixth year5-
  12. - Abu Mansour Muhammad bin Ahmed Al-Azhari: Refining the Language, Volume 3, 1st Edition, Dar Al-Maarefa for Printing, Publishing and Distribution, Beirut, Lebanon, 2001.
  13. - The set of legal principles decided by the Supreme Administrative Court in fifteen years (1965-1980), part 42, the Egyptian General Book Authority, 1983 edition .
  14. - Abu Bakr Ahmed Othman Al-Nuaimi: The Limits of the Administrative Judicial Authorities in the Cancellation Law - A Comparative Study, New University House, Alexandria, 2013 .
  15. - Dr. Majid Najim Idan, The Legal System of the Laws of Cancellation in Iraq, Master Thesis, Al-Nahrain University, College of Law, 2000.
  16. - Dr. Suleiman Muhammad Al-Tamawi: Employee guarantees between theory and practice, research published in the Journal of Administrative Sciences, first issue, first year, April, 1969 .
  17. - Dr. Abdel-Aziz Abdel-Moneim Khalifeh: Lawsuit to cancel the administrative decision in the State Council Judiciary, 4th edition, Monsha`at Al-Maaref, Alexandria, 2004 .
  18. - Abdel Aziz Abdel Moneim Khalifa: Claim to cancel the administrative decision and requests to stop its implementation, Alexandria, Dar Al-Fakr Al-Jami'a, 2009.
  19. - Dr. Abdel-Ghani Basyouni: Administrative Judiciary, Ma'arif Al-Maarif, Alexandria, 1996 .
  20. - Dr. Abdel Moneim Abdel Azim Jira, Effects of the Ruling of Cancellation, 1st Floor, Dar Al-Fikr Al-Arabi, Cairo, 1971 .
  21. - Dr. Nawaf Kanaan: Administrative Judiciary, 1st floor, Dar Al-Thaqafa for Publishing and Distribution and the International Scientific House for Publishing and Distribution, Amman, 2002..
  22. - Dr. Othman Suleiman Ghaylan Al-Aboudi: Explanation of the provisions of the Law for Discipline of State and Public Sector Employees No. (14) for the year 1991 amended, House of Books and Documents, 2nd edition, Baghdad, 2012.
  23. - Dr. Adnan Amr: Administrative Judiciary, Cancellation Judiciary, 2nd edition, Part 2, Al-Maaref Establishment, Cairo, 2004.
  24. - Dr. Ali Bedair, d. Issam Al-Barzanji, d. Mahdi Al-Salami, Principles and Provisions of Administrative Law, Dar Al-Kutub for Printing and Publishing, 1993. Dr. Ali Khattar Shatnawi: Encyclopedia of Administrative Judiciary, part 1, 1st floor, Dar Al-Thaqafa wa-ul-Publishing, Jordan, 2004.
  25. - Dr. Ali Khattar Shatnawi, Jordanian Administrative Judiciary, Cancellation Judiciary, K1, Arab Center for Student Services, Amman, 1995 .
  26. - Dr. Ghazi Faisal Mahdi: Explaining the provisions of the Law for the Discipline of State Employees and the Socialist Sector, Al-Azza Press, Baghdad, 2001.
  27. - Dr. Farooq Ahmad Khammas: Control over the Administration's Work in Iraq, Dar Al-Kutub for Printing and Publishing, University of Mosul, 1988.
  28. - Dr. Hamid Mustafa, Principles of Administrative Law in Iraq, Al-Ahlia Distribution and Publishing and Printing Company, Baghdad, 1968 .
  29. - Dr. Issam Al-Barzanji: Monitoring the Administration's Business and Development Prospects, Journal of Legal Sciences, Volume 4, No. 1, 2, 1985.
  30. - Jamal Al-Din Muhammad Bin Makram Al-Ansari: Ibn Manzoor, Lisan Al-Arab, vol. 12, 1st floor, Dar Al-Kutub Al-Alami, Beirut, Lebanon, 2003.
  31. - Saleh Ibrahim Al-Mottawi: Conditions of Appeal before the Administrative Judicial Court in Iraq, Master Thesis, College of Law, University of Baghdad, 1995.
  32. - Dr. Fouad Al-Attar: A comparative study of the principles of judiciary control over the actions of the administration and its workers and the extent of their application to positive law, without a place of printing, without a year of publication.
  33. - Dr. Fouad Muhammad Musa Abdul Karim: The obligatory complaint as a condition for accepting the cancellation lawsuit before the Board of Grievances in the Kingdom of Saudi Arabia, Arab Renaissance House, Cairo, 2004 .
  34. - Judge Lifta Hamel Al-Ajili: Administrative Investigation of the Public Service, Al-Halabi Human Rights Publications, Lebanon, 2015 .
  35. - Dr. Mazin Lilo Radhi: Al-Wajeez in the Administrative Judiciary, University Press House, Alexandria, 2003.
  36. - Dr. Mazen Lilo Radhi: Al-Wajeez in the Libyan Judiciary, University Press House, Alexandria, 2003.
  37. - Dr. Maher Saleh Allawi: Administrative Decision, Dar Al-Hekma for Printing and Publishing, Baghdad, 1991 .
  38. - Mohamed Ibrahim Khairy Al-Wakeel: Administrative Grievance and Positive Management Behavior in the Light of Opinions of Jurisprudence and Judicial Provisions, 1st Edition, Dar Al-Fikr Al-Jami'a, Alexandria, 2008.
  39. - Dr. Mohamed Refaat Abdel-Wahab: The Origins of the Administrative Judiciary, Without the Place of Publication, 1993 .
  40. - Dr. Mohamed Kamel Leila: Judicial Oversight on the Work of the Administration, Arab Renaissance House, Cairo, 1970 .
  41. - Dr. Mohiuddin Al-Qaisi, General Administrative Law, Al-Halabi Human Rights Publications, 1st edition, Beirut, 2007 .
  42. - Dr. Najm Al-Ahmad: Administrative Grievance, research published in Damascus University Journal of Economic and Legal Sciences, University of Damascus, Faculty of Law, Volume 29, Third Issue, 2003, p. 39.
  43. - Law No. (5) of 2008, the first amendment of the Law on Discipline of State and Public Sector Employees No. (14) of 1991 amending.
  44. - Muhammad Bin Abdullah Al-Hussein: Administrative Grievance - A Comparative Theoretical and Applied Study, Master Thesis, University of Jordan, 2001.
  45. - The Chancellor. Hamdi Yassin Okasha: Encyclopedia of Administrative Decision in the State Council Judiciary, Book Two, Arab House of Thought, Cairo, 2018 .
  46. - Dr. Mustafa Kamal Wasfi: Principles of Administrative Judicial Procedures in accordance with Law No. (47) of 1972, 2nd Floor, Al-Amana Press, 1978.
  47. - Dr. Novan Al-Aqil Al-Ajawma: Disciplinary Authority for the Public Employee, House of Culture, Amman, 2007.
  48. - Dr. Khaled Samawah, The Administrative Decision Between Theory and Practice - A Comparative Study in France, Egypt, Lebanon, and Jordan, The Arab Center for Student Services, Amman, 1993 .
  49. - Muammar Mahdi Salih Al-Kabees, Principle of Irrevocability of Administrative Decisions, Master Thesis, College of Law, Baghdad, 2001.
  50. - The Journal of Legal Codification, No. 1, Year 2, Government Press, Baghdad, 1972, p. 1952.
  51. - Dr. Khalid Muhammad Al-Mawla: The authority responsible for imposing disciplinary punishment on the public employee, Dar Al-Kutub Al-Qanuni and Dar Shatat for Publishing and Software, Egypt, UAE, 2012 .
  52. - Dr. Sami Jamal Al-Din: Administrative dispute procedures in a lawsuit to annul administrative decisions, Al-Maaref Institution, Alexandria, 2005.
  53. - Dr. Suleiman Muhammad Al-Tamawi: General Theory of Administrative Decisions, 7th edition, Dar Al-Fikr Al-Arabi, Cairo, 2017 .
  54. - Dr. Suleiman Muhammad Al-Tamawi: Elimination Judiciary, 2nd edition, Dar Al-Fikr Al-Arabi, 1998 .
  55. - Dr. Abdul Rahman Nurjan Al-Ayoubi: The Administrative Judiciary in Iraq Present and Future - A Comparative Study, Al-Shaab Printing House, Cairo, 1965.
  56. A set of provisions of the State Council, for the year 2 BC . 3-
  57. Fifth: Laws:- . 1- Egyptian State Council Law No. (47) of 1972
  58. First: Language books:
  59. Fourth: Groups :-
  60. Research references:-
  61. Second: Legal books :
  62. Second: Scientific Theses:
  63. Third: Research allocated in scientific journals :
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