College of Law

Cause of disciplinary administrative decision
Perhaps one of the important matters in an administrative decision is the issue of justification, which is for the administration to explain the real reason that prompted it to take the administrative decision at the heart of this decision. Justification is considered one of the necessary matters whenever required by the text of the law. Therefore, its omission is a defect in form, not a defect in reason, and its importance lies in Allowing the administrative judiciary to monitor the legality of the administrative decision by mentioning the source of the administrative decision and the reason that prompted the administration to take it. Hence, the administration must state the legal basis that justifies it taking the administrative decision, in addition to mentioning the facts that justified it issuing the decision. Examples of requiring justification are It is the disciplinary administrative decision to dismiss a public employee, which requires the administration to cause an administrative disciplinary decision so that the administration man and the judge can verify the validity and integrity of the dismissal decision or not, and so that the administration does not arbitrarily impose a harsh punishment such as dismissal without a legal or realistic justification that justifies the expulsion of the employee from public service permanently. Hence, those who browse the Iraqi State Employees Discipline Law in force will find that it has provided the public employee with prior guarantees for imposing disciplinary punishment, such as the necessity of forming an investigative committee, and other immediate ones, that is, included in the body of the administrative decision, such as causation, and other subsequent ones, such as a grievance and appeal before a court competent to consider the appeal contained in the administrative disciplinary decision, which is the Employee Judiciary Court. .
Dr. Ahmed Mahmoud Al-Rubaie
Assistant professor of administrative law
Public law branch