الطعن بقرار التضمين أمام محكمة القضاء الإداري وفقا لقانون التضمين رقم 31 لسنة 2015

Abstract

      Judicial oversight is embodied in the authority possessed by the competent administrative courts to decide on administrative appeals related to illegal Embedding decisions that violate the administrative procedures for issuing a decision to include a public employee, whether those administrative courts are in Iraq or in comparative countries. This oversight is also represented in the authority of the court regarding the appeal submitted. before it in terms of returning it, canceling it, amending it, or awarding compensation according to its discretionary authority in that regard , The principle in the administrative judiciary is that it is a judiciary of legitimacy, meaning that it monitors the legality of the administrative decision and examines it, as the judge makes sure of the extent of its conformity with the applicable legal rules. If he finds it to be so, he keeps it in place, but if he finds it in violation, he decides to cancel it, but what the administrative judiciary has followed in its decisions is its departure from this trend. It examines the suitability of the decision taken with the reason that prompted management to issue it , As for the Embedding decisions issued by the administration to include the employee who caused damage to public funds, appropriateness control is carried out by the administrative judge to verify the legitimacy of the inclusion decision. Therefore, the employee’s responsibility is realized as a result of the damage he caused to public funds. It may be The amount of inclusion is more than the damage caused and is exaggerated. In this case, the reason appears that gives the Administrative Court the authority to amend the amount and make it proportional to the damage. Hence, the powers granted to the Administrative Court to appeal the inclusion decision can be identified through issuing judicial rulings.