نظرية الموظف الفعلي وسلطة الامر الواقع ومدى انطباقها في العراق

Abstract

The research showed that the French Council of State relied in resolving the conflict between the authority and the citizen on the principles of the Declaration of Human and Citizen Rights as a basis for the principle of legality. He only had them. They are abstract general rules that clarify the basis of the relationship between the citizen and the state, including his rights and duties. The council applied its rules regarding the rulings it issued, whether for the authority or against it. The authority has caved in to that. He also showed that it is impermissible to differentiate between protecting rights in normal and exceptional circumstances. The state is responsible for securing these rights in all circumstances. This is why the board invented the actual employee theory. The basic principles on which the actual employee theory was based have also been studied. The theory is not an exception to the principle of legality, but rather a real application of it. In a state that has taken upon itself to ensure that people enjoy the rights and freedoms stipulated in the constitution. It also clarified that the employee’s organizational relationship with the state requires it to respect his rights stipulated in the law in return for his commitment to his duties that oblige him to apply the law as abstract general rules without bias and deviation. Therefore, it has the right to punish him according to the law. In exchange for his right to appeal the decision to impose the punishment. The judiciary’s decision to cancel the dismissal or dismissal decision obliges the administration to return it to the same legal position. Unless that results in corruption, then you must return him to a center parallel to the first. Without causing him physical or moral harm. The research also showed that what happened in Iraq was a barbaric invasion that was not based on any justification. It expressly contradicts international legality. It has resulted in the abolition of all legitimate institutions of the state and the handing over of power to organizations that have proven practical reality that they are gangs of thieves whose aim is to destroy the state and to violate all prohibited acts. It issued laws that grant themselves privileges and rights that are inconsistent with the principle of legality. And decisions were issued that contradict the public interest. Therefore, citizens and employees should be granted the right to appeal all laws and decisions issued when real authority is established in Iraq. Return all stolen money and stolen rights.