The disciplinary system for the offending employee and the extent to which it is affected by the authority of the administration and the judiciary in Iraqi and Egyptian law (comparative study)

Abstract

The disciplinary systems in the civil service play an important role in establishing the principle of goodness, regularity and consistency of the public service necessary to enable the administration to carry out its mission to achieve the public interest. The civil service laws in the countries of Iraq and Egypt sought, through legal rules, to create a kind of balance between two important principles in administrative law, namely the principle of effectiveness and the principle of guarantee, based on the prevailing social, economic and political philosophy in both countries. Therefore, the functional legislations differed in them when stating the disciplinary authority. The Iraqi legislation adopted the logic of effectiveness, i.e. assigning the disciplinary system to the administrative authority, which is known as the presidential disciplinary system, while the Egyptian legislation prevailed in the logic of guarantee, i.e. assigning the disciplinary system to the judicial authority, which is known as the judicial disciplinary system.