Jurisdictions of the Employees Judiciary Court in Iraq and to challenge its rulings

Comparative study

Abstract

The research deals with (the Jurisdictions of the Employees Judiciary Court and the Appeal of its Judgments) the establishment of the Court in 2013 and the relationship of this establishment and the naming of the Court by this name with its jurisdiction while its name was the (Public Discipline Council), as the Court has two types of competences, the first is the consideration of employee appeals with administrative decisions related to civil service rights. The second relates to appeals against disciplinary penalties. The research shows the conditions and procedures for appealing before the court, and the discrepancy in these conditions and procedures between the two types of appeals, then the powers of the court as it exercises its jurisdiction.

The research also deals with the issue of conflicting jurisdiction of the court and conflicting its rulings with the jurisdiction and rulings of the Administrative Judiciary Court and civil courts and how the Iraqi legislator has dealt with this issue since the establishment of the administrative judiciary in Iraq in 1989 until now.

The research also deals with the discriminatory appeal to the judgments of the Employees’ Judiciary Court before the Supreme Administrative Court, which was established in 2013 to replace the General Authority of the State Council, the procedures for this appeal and the court’s powers when considering discriminatory appeals, with a statement that the court’s rulings are final and binding.

Finally, we conclude the research with a conclusion in which we show the most important conclusions, recommendations and proposals to address the problems that have been diagnosed.