موانع حرية التعبير عن الرأي في نطاق تشريعات الوظيفة العامة – دراسة تحليلية

Abstract

Freedom of expression, guaranteed by international conventions on human rights and the Constitution of the Republic of Iraq of 2005, is one of the relatively modern freedoms for the Iraqi individual, whether he is a public servant or a citizen. The activation of this freedom did not find a space for application until after 2005. Its application is a relative one, as it is one of the freedoms that are related to the social and cultural structure of society in general. As for the transfer of this concept to the scope of the public office, which is governed by a set of legislation that was not compatible with this concept. This is because most public service legislation precedes its legislature to endorse this constitutional freedom, as well as the lack of clear criteria to distinguish between what is considered part of the subordinate’s constitutional right to exercise freedom of expression, and what is considered a violation of public service legislation.