The Legislative Framework Governing the Allocation of Reserved Positions(A Comparative Study between Iraq and Egypt)
DOI:
https://doi.org/10.64184/ajlps.V3.I2.Y2026.25-45.281Keywords:
- Public employment - reserved positions - principle of equality - equal opportunityAbstract
This study examines the legislative framework governing the allocation of reserved public positions through a comparative analysis between Iraq and Egypt, considering it as one of the exceptions to the principles of equality and equal opportunity in access to public employment. The research is grounded in the premise that the general rule in public appointment is open competition based on competence and merit. However, the legislature may intervene, for humanitarian, social, or political reasons, to establish a special system under which certain positions are reserved for specific groups, such as persons with disabilities, families of martyrs, and individuals dismissed for political reasons, with the aim of achieving social justice, restoring dignity, and providing compensation for past harms.
The study concludes that the system of reserved positions constitutes a legitimate exceptional mechanism when it is based on clear and objective justifications and regulated within a coherent legislative framework that balances the requirements of social justice with the principles of efficiency and the public interest. It also emphasizes the necessity of unifying and refining the dispersed legal provisions governing this system in both Iraq and Egypt, in order to ensure clarity, prevent misuse, and enhance consistency with the constitutional principles governing public employment.
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