Judicial oversight of the administration’s decision to retire a public employee

10.2478/bjlp-2022-002080

Abstract

The relationship arising between the public employee and the administration is a temporary legal relationship, ends by a decision of the administration to terminate the service of the public employee, whether it is at the request of the employee, or the initiative of the administration, or by virtue of the law, the administration usually takes a way to terminate the service of a public employee by retirement, in order to protect the rights of the employee and protect him, the relevant legislation stipulates that decisions related to retirement are subject to judicial oversight, the courts exercise their oversight and oversight over such decisions to protect the public employee from the oppression and arbitrariness of the administration. Our study is summarized in showing the clarity and adequacy of judicial oversight over retirement decisions, especially in light of the legislative and practical situation in Iraq through the formation of the Retirees Cases Council and appealing its decisions in the Court of Cassation in Iraq, and the original is the administrative judiciary, and the adequacy of the legislative guarantees surrounding the process of issuing retirement decisions. We will discuss the issue of judicial oversight over retirement decisions based on the following approaches: The descriptive, analytical and comparative approach, and by dividing this research into two sections, the first deals with the concept of retirement, the second deals with judicial oversight of the decision to refer to retirement, and we concluded the research with the most important conclusions and proposals as follows: