The Limits of Administrative Discretion in Job Transfers and the Position of the Iraqi Administrative Judiciary Thereon

Abstract

Abstract:

The public administration enjoys broad discretionary authority in making its organizational and executive decisions, including job transfer decisions, which constitute administrative measures with a direct impact on public employees and the course of administrative work. However, this authority is not without legal boundaries that require adherence to the public interest and the avoidance of any misuse. The role of the Iraqi administrative judiciary emerges as a supervisory body to ensure the legality of such decisions and to protect employees’ rights. This makes the study of the legal limits of such authority and the extent to which the principle of public interest is applied through administrative judicial review a pressing necessity for understanding the nature of the relationship between the administration and the judiciary, as well as for strengthening the fairness of administrative procedures. The administrative judiciary plays a pivotal role in reinforcing the principle of legality, which contributes to the stability of the administrative system and the establishment of a work environment characterized by fairness and transparency. This role is manifested in the oversight exercised by the judiciary over administrative decisions, particularly those related to employee transfers, where it undertakes the task of verifying the compliance of such decisions with applicable laws and regulations and ensuring that they are issued based on objective and justified grounds that guarantee the achievement of the public interest and equal opportunities