Mechanisms for Forming Administrative Investigation Committees and the Conditions of Membership: A Study in Iraqi Legislation

Abstract

The legal status of members of the administrative investigation authority, according to the vision of the Iraqi legislator, is of paramount importance. We found it necessary to examine the position of the Iraqi legislator in the current Disciplinary Law No. (14) of (1991), as amended, regarding the legal status of members of the investigation committee, and whether it stipulated the availability of specific criteria when selecting them. The reason behind choosing this topic was the existence of a contradiction, or a case of deviation, if it may be said, in the position of the administrative judiciary in Iraq, the country of study. The State Council stipulated that the rank of the investigating officer must not be lower than the rank of the employee referred to investigation. The aforementioned council subsequently reversed its position, deeming it an exaggeration in the legal guarantees afforded to the offending employee. Therefore, the researcher found it necessary to address this discrepancy between the two positions above by examining the Iraqi legislator's stance on the matter and the validity of judicial interpretations, given the importance of this issue. Accepting this view would invalidate most orders establishing investigative committees within ministries, as they would fail to adhere to essential procedural requirements.

            In this context, the main research problem emerges, which is the extent to which the administrative judicial approach in Iraq is correct when it stipulated that the head and members of the investigation committee be at the same level as the administratively violating employee.