Substantive Rules Governing the Dismissal of the Head of an Independent Body in Iraqi Legislation: Legal Grounds and Guarantees of Legality
DOI:
https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.594-616.427Keywords:
Independent Body, Head of an Independent Body, Removal, Legal Grounds, Legality, Legal Safeguards, Functional IndependenceAbstract
Removal is considered one of the most serious legal measures affecting the legal status of a public office holder, due to the consequences it entails in terms of terminating the tenure or restricting its effects. This requires that such a measure be surrounded by legal safeguards to ensure that it is not exercised arbitrarily or for purposes inconsistent with the principle of legality. The importance of these safeguards becomes even greater when the matter concerns the Head of an Independent Body, given the functional specificity and relative independence associated with this position, which aim to enable the office holder to perform his duties free from improper influences. Within this framework, the substantive rules governing the removal of the Head of an Independent Body emerge as a fundamental guarantee for achieving a balance between the requirements of accountability and the demands of functional independence. This is achieved through defining the legal grounds that justify removal and clarifying the safeguards necessary to preserve the legality of the decision and prevent abuse of the power of removal, thereby protecting the legal status of the office holder and strengthening the independence of independent bodies in the performance of their functions.
References
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