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Legal Constraints on the Administrative Authority to Terminate Public Service Employment under Iraqi and Egyptian Law
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Hamed Karami1   , Aqeel Khalid Oudah Al-Ameri2 |
1- Supervisor, Faculty of Law, University of Qom, Qom, Iran.
2- PhD Student, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (4 Views) |
| This research aims to study the legal constraints limiting the administration's authority to terminate employment in both Iraqi and Egyptian law, focusing on protecting the rights of public employees and ensuring the legality of administrative decisions issued against them. The research's importance stems from the need to balance the interests of the public administration with the protection of individual rights, especially given the risks that may arise from the arbitrary use of administrative power. The research problem lies in determining the effectiveness of legal and procedural constraints on termination decisions and identifying potential gaps in Iraqi and Egyptian legislation that could allow for the violation of employee rights or the misuse of discretionary power by the administration. The research adopted a descriptive-analytical approach, analyzing legal texts and regulations pertaining to employee service in Iraq and Egypt, in addition to examining judicial rulings issued by administrative courts and the Supreme Administrative Court in both countries. The research findings demonstrate that administrative courts in Iraq and Egypt serve as effective oversight bodies in protecting public employees from administrative abuse, as they allow employees to appeal termination decisions before a competent judicial authority. The research also underscores the importance of oversight regarding legality, appropriateness, and proportionality in administrative decisions, ensuring that the administration does not exceed the limits of its discretionary power. It was also found that Iraqi and Egyptian laws guarantee a set of procedural safeguards, such as the requirement of prior authorization for referral to administrative investigation, the documentation of investigations, the justification of disciplinary decisions, and the employee's right to access their file and confront charges. However, some legislative gaps exist that could limit the effectiveness of these safeguards if they are not continuously developed. |
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| Keywords: Administrative Authority, Civil Service, Employee, Iraqi Law, Egyptian Law |
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Full-Text [PDF 608 kb]
(4 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/09/18 | Accepted: 2026/09/24 | Published: 2026/09/24
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