Legal and administrative means necessary to protect the public employee in the stages of administrative investigation - a comparative study

Abstract

The legal and administrative means are the issue of giving legitimacy to the actions taken by the administration against the public employee if he violates the job duties entrusted to him. In the absence of such means, the administration is unable to take such measures. Therefore, the employee committing the violation must be supported by convincing evidence, which can only be obtained by hearing the employee and giving him an opportunity to defend himself and provide evidence proving his innocence of the charges against him. The administration must collect conclusive evidence that gives it justification for punishing him, as there is judicial oversight over the administration’s decision-making process regarding disciplinary punishment. In this research, we will review those means that consolidate the protection of the public employee by addressing the comparative aspects between the Iraqi constitution and legislation and the Egyptian and French constitutions and legislation.