Oversight of Appointment

Authors

  • Noor Sobhi Aziz Legal Federal Public Service Council/Legal Department
  • Farah Karim Fartous Legal Federal Public Service Council/Legal Department
  • Nawal Qasim Hashim Senior Legal Consultant, Ministry of Oil / Legal Department

Keywords:

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Abstract

The public office has a role and great importance in life, as it is no longer as it was in the past limited to a certain category of the sons of the country, but has become a basic right enjoyed by all citizens equally, the legislation of countries has tried to develop legal rules that achieve justice between individuals in assuming those public positions due to this increasing demand for them, but the administration may not be committed, or deviate from the foundations and procedures set by the legislator, which must be taken into account before issuing the appointment decision in Public office, as well as the criteria and conditions that must be met by the public servant, and not to abuse the discretionary power granted to him by these legislations other than the purpose envisaged by the legislator in appointing the public employee or the weakness of administrative control, highlights the role of judicial and non-judicial control as the most important guarantees available to individuals against the deviation of the administration from the objective foundations and standards necessary for the appointment of the public employee, in addition to the role of administrative control that the administration must exercise based on the principle of legality of control over the conditions of Appointment to the public office.

References

Abdel Raouf Hashem Bassiouni, Administrative Pleadings, 1st Edition, Dar Al-Fikr Al-Jamia, Alexandria, 2007, p. 229

Dr. Abdel Aziz Abdel Moneim Khalifa, Appeal against the cancellation of the administrative decision, Knowledge Foundation, Alexandria, 2004, p. 337

Article (8/I) of the Civil Service Law No. 24 of 1960 (as amended)

Dr. Suleiman Muhammad Al-Tamawi, The General Theory of Administrative Decisions "A Comparative Study", 6th Edition, Ain Shams University Press, 1991, p 601

Dr. Sadiq Muhammad Ali, Judicial Control of the Conditions of Appointment, research published in Al-Muhaqiq Al-Hilli Journal for Legal and Political Sciences, Issue 1, Year 13, 2021, p. 17

Dr. Ali Yousef Shukri, Principles of Constitutional Law, 1st Edition, Safaa for Publishing and Distribution, Amman, 2011, p. 313

Dr. Hussein Abdel Aal Mohamed, Administrative Control of the Administrative Apparatus of the State between Management Science and Administrative Law, PhD Thesis, Ain Shams Law, p 264

Dr. Mosaddeq Adel Talib, Mediator in the Civil Service, Part 1, Dar Al-Sanhouri, Baghdad, 2015, p. 121

Dr. Mazen Lilo Radi, Encyclopedia of Administrative Justice, Volume Two, Modern Book Foundation, Lebanon, 2016, p. 72

Habib Al-Harmazi, Control of Public Institutions in Iraqi Legislation, Awqaf Press, Baghdad, 1977, p. 92

Judgment of the Administrative Court No. 370 / Administrative Judiciary / 2012 / dated 17/12/2012, published in the decisions and fatwas of Saleh Ibrahim Ahmed, Conditions of Appeal before the Administrative Court in Iraq, Master's Thesis, University of Baghdad, 1994, p. 154

the State Shura Council for the year 2012, Ministry of Justice, p 354

Sakar Amir Abdul Rahim Huwaizi, Judicial Control of the Purpose Pillar of the Administrative Decision, 1st Edition, Shehab Press, Erbil, 2010, p. 11

See Instructions No. (119) of 1979 and the controls contained in Appendix No. (1) attached thereto.

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Published

2025-01-16

How to Cite

Aziz , N. S. ., Fartous, F. K. ., & Hashim , N. Q. . (2025). Oversight of Appointment. American Journal of Social and Humanitarian Research, 6(1), 37–42. Retrieved from https://globalresearchnetwork.us/index.php/ajshr/article/view/3229

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Articles