Solutions Related to Jurisdiction and the Investigation Process

Abstract

This study addresses the subject of guarantees for ensuring justice within quasi-judicial administrative authorities in Iraq, with a focus on the legal and procedural framework of administrative investigations. The study examines the legal and regulatory mechanisms that safeguard employees' rights while simultaneously enhancing the effectiveness of disciplinary procedures. The importance of this study lies in the pressing need to develop Iraq's administrative justice system, especially given the legal and procedural gaps in the functioning of quasi-judicial administrative authorities. The research aims to provide a comprehensive perspective on reinforcing justice guarantees and protecting employees' rights, thereby achieving a balance between public interest and individual rights. Study Objectives: 1. Analyze the current legal framework for administrative investigations in Iraq.2. Identify the gaps and challenges in the operation of quasi-judicial administrative authorities. 3. Propose solutions and mechanisms to enhance justice guarantees in disciplinary procedures. Findings: 1. the study revealed that referral is the first and essential step in administrative investigation procedures, serving as a key guarantee for justice. 2. The findings uncovered deficiencies in Iraqi legislation regarding the specification of reasons for referral to investigation. 3. The study highlighted the importance of the proper formation of investigative committees, as any defect in their composition could invalidate all undertaken procedures. Recommendations: 1. the necessity to amend the laws governing quasi-judicial administrative authorities to address existing legal gaps. 2. Establish effective oversight mechanisms over investigative procedures to ensure the fairness and integrity of disciplinary actions.