The authority competent to impose disciplinary sanctions on university professors in Iraq and the guarantees provided for them"A descriptive comparative study"
Keywords:
university professor, competent authority, guarantees, disciplinary punishmentAbstract
The extract is indisputable that the university professor is pre-emphasis, prior to the imposition of disciplined punishment and is then prepared by the basic rules required by the legal principles, including public assets and tendencing the rules of equity and logic without the need for texts decided, It must be emphasized that legal safeguards do not involve the goodwill of the administrative authority or in their ability to achieve the public, but on the contrary to the public interest and the employee. It is legally and jurisprudentially agreed that the decision to impose a disciplinary penalty on a university professor is not considered a final and binding decision. Rather, the law recognizes the right of the professor to appeal to the authority that issued the disciplinary decision, requesting that it be reconsidered, before referring the matter to the competent judiciary. This is a complementary means of grievance to the administrative grievance, with the aim of achieving better protection for the university professor, given the judiciary's expertise, impartiality, and integrity.
References
First: Arabic Books.
1. Dr. Sabry Mohamed El-Senousy, The Disciplinary System for University Faculty Members, Dar Al-Nahda Al-Arabiya, Cairo, 2008.
2. Dr. Abdel Aziz Abdel Moneim Khalifa, Disciplinary Guarantees in the Public Service, First Edition, Manshaat Al-Maaref, Alexandria, 2003.
3. Dr. Abdel Aziz Abdel Moneim Khalifa, The Comprehensive Administrative Encyclopedia on the Cancellation of Administrative Decisions and Disciplining Public Employees, Part Three (Guarantees for Disciplinary Action of Public Employees), Dar Mahmoud Publishing, Cairo, no date.
4. Dr. Abdel Aziz Abdel Moneim, Disciplinary Guarantees for Public Employees, Part Three, Dar Mahmoud Publishing and Distribution, Cairo, no date
5. . 5. Dr. Abdel Aziz Mohamed Ibrahim, Disciplinary Accountability Guarantees for Public Employees under Civil Service Law No. 81 of 2016 and its Executive Regulations, a study published in the Journal of Legal and Economic Sciences, Issue 68, 2019.
6. 6. Dr. Othman Salman Ghilan, Explanation of the State and Public Sector Employees Discipline Law No. 14 of 1991, First Edition, Dar Al-Masala, Baghdad, 2023
7. . 7. Dr. Amr Barakat, Disciplinary Authority, Dar Al-Nahda Al-Arabiya, Cairo, 1997.
8. 8. Dr. Muhammad Ibrahim Al-Sayyid, Explanation of the Civil Service System, Dar Al-Maaref, Alexandria, 1966.
Second: Theses and Dissertations.
1. Ahmed Mahmoud Ahmed, Administrative Investigation in the Public Service, Master's Thesis, College of Law, University of Mosul, 2003.
2. Magda Youssef Ali Ahmed, The Extent of the Administrative Court's Oversight of Disciplinary Courts and Disciplinary Councils for University Faculty Members, PhD Thesis, Faculty of Law, Assiut University, 2011.
3. Malika Al-Saroukh, Disciplinary Authority in the Public Service between the Administration and the Judiciary, PhD Thesis, Faculty of Law, Ain Shams University, 1983.
4. Haitham Halim Ghazi, Disciplinary Councils and the Supreme Administrative Court's Oversight Thereof, PhD Thesis, Faculty of Law, Alexandria University, 2009.
5. Wajnat Wahba Wardkhan, The Disciplinary System for Faculty Members at Egyptian Universities, Master's Thesis, Faculty of Law, Cairo University, 2009.
Third: Legislation.
1. gyptian State Council Law No. 49 of 1972 (current).
2. 2. Egyptian Universities Regulation Law No. 49 of 1972 (as amended).
3. 3. Labor Law No. 37 of 2015 (current).
4. 4. Iraqi Civil Procedure Code No. 83 of 1983 (current).
5. 5. French Disciplinary Procedures Decree No. 92-657 issued on July
6. French Disciplinary Procedures Decree No. 95-842 issued on July 13, 1995.
7. Regulations Governing the Affairs of Saudi University Faculty Members No. (4/6/1417) (1996).
Fourth: French sources.
Quatrièmement : les sources françaises
1. Alain PLANTEY traite pratique de la fonction publique L.G.D.J 1971
2. Andre PAYSANT le regime disciplinaire du personnel de lenseignement superieur A.J.D.A 1966.
3. Rene CHAPUS Droit administrative general Montchrehrestien1998
