The Official Journal for College of Law and Political Science, Alnoor University

Legal Certainty in Referring Employees to Administrative Investigation: A Comparative Study

Volume 2, 1.S
Special Issue from Conference Proceedings 2025
Spring 2025
Pages 105-114

Document Type : Original Article

Authors

1 College of law\ University of Ninevah

2 Northern Technical University

Abstract
The employee acts as an administrative tool in managing public facilities. Any deficiency in the employee's performance of the assigned tasks or any shortcomings in the provided services subjects him to accountability. Hence، the philosophy of granting the administration the right to assess the employee's performance and hold him accountable for his shortcomings emerged، providing it with tools to maintain administrative effectiveness. In contrast، relevant legislation ensures that the employee is granted a set of guarantees، prioritizing effectiveness over guarantees. Therefore، the necessity arose to explore the discretionary power of the administration and the extent of legal security available to the employee at the commencement of investigative procedures، whether in terms of the competent authority، referral procedures، or the consequent effects.

Keywords

  • Receive Date 03 March 2025
  • Revise Date 24 May 2025
  • Accept Date 17 June 2025
  • Publish Date 01 June 2025