Towards the establishment of a staff disciplinary tribunal in Iraq

The existence of the Employee Judiciary Court formed pursuant to the Fifth Amendment Law to the State Affairs Council Law No. 17 of 2013 is considered an important turning point in the history of the administrative judiciary in Iraq. Its effort to confirm its independence from the ordinary judiciary since it was first established pursuant to the Second Amendment Law No. 106 of 1989. Thus, the court provides a guarantee that protects the employee from the abuse and oppression of the administration when it uses its authority in order to achieve a balance between the authority to punish on the one hand and protect the employee on the other hand. The Employee Judiciary Court faces some problems in the administrative and financial aspects, which require legal solutions for them. In addition, it does not have the right to award compensation when canceling disciplinary punishments that resulted in harm to the employee, which requires the necessity of reconsidering the legal system of the court in terms of its formation and specializations, and finally the necessity of organizing an investigation into it. Thus, punishment is imposed on employees of special and higher levels. The above requires amending the law on the discipline of state employees in matters related to the authority of the formed investigative committees and their recommendations, and referring it to the relevant competent authorities. This requires the establishment of an administrative representation by the legislators draft to enhance the work of the disciplinary court. Likewise, the necessity of establishing a moral court with its own legal system, in addition to the civil servant court or alternatively, the employees judiciary court is a court of annulment of legitimacy and does not have the right to impose a retribution .