ISSN: 2265-6294

The Causation as a Guarantee for the Protection of the Acquired Employment Rights In Case Of the Administrative Revocation: (A Comparative Study)

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The Causation as a Guarantee for the Protection of the Acquired Employment Rights In Case Of the Administrative Revocation: (A Comparative Study), Yusramizza Md Isa, Anis Shuhaiza Md Salleh

Abstract

According to the law, the public employee is entitled to a range of rights to ensure the effectiveness of administrative activity. However, the administration may issue a subsequent decision to revoke the decisions granting rights which will affect the legal statuses acquired by the public employee, thereby, affects the public interest that the administration wants to achieve through the employee’s performance for the administrative activity. The principle of causation of administrative decisions represents an important and effective guarantee for the protection of the rights of individuals and public employees in a manner that achieves the public interest. It prevents the administration from rushing and arbitrariness, and reveals the reasons of the decision before concerned parsons and the judiciary. Therefore, France has codified the principle of causation for individual decisions affecting the legal statuses of individuals and public employees, including revocation decisions. As for Iraq, the rule is that causation is applied only with a legal provision or on the basis of the judicial order. Concerning causation of revocation decisions, the Iraqi legislator did not follow French counterpart. In addition, the administrative judiciary has not settled on the causation of administrative decisions, including revocation decisions. The study emphasized the necessity for the Iraqi legislator to follow the French legislator in codifying the principle of causation with including revocation decisions by this procedure and the need for the administrative judiciary in Iraq to settle on the causation of the revocation decisions. The study adopted the legal doctrine mythology, as well as the analytical and comparative approaches

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