Appointment and Dismissal of the Governor According to the Law of Provinces Not Organized in a Region No. (21) of 2008 Amended
Keywords:
Governor, Head of the Administrative Unit, Election, Dismissal, Provincial CouncilAbstract
The position of the governor is one of the important administrative roles in the field of administrative functions in Iraq, as it involves providing public services to the citizens of his administrative unit (the province). The governor represents the central authority in the province and is appointed with a special rank and by a republican decree. To be eligible for the position of governor, a candidate must meet a set of conditions specified in the Law of Provinces Not Organized in a Region No. (21) of 2008. Additionally, the law outlines specific procedures for the appointment. Conversely, the law also stipulates that if the governor commits legal violations, he may be subject to dismissal from his position. This means that the governor's term is not permanent and ends if he commits a legal breach that necessitates his dismissal.
References
First: Books
1-Dr. Ihsan Hamid Al-Mufriji, Dr. Qatran Zgair Ne’ma, and Dr. Raad Naji Al-Jiddah, The General Theory in Constitutional Law in Iraq, 2nd ed., Legal Library, Baghdad, 2007.
2-Dr. Hanan Mohammed Al-Qaisi, Governors in Iraq: A Comparative Legislative Study, 1st ed., Al-Ghufran Library, Baghdad, 2012.
3-Dr. Issam Abdulwahab Al-Barzanji, Administrative Judiciary, Faculty of Law, University of Baghdad, 1990.
4-Dr. Ali Hussein Al-Khalaf and Dr. Sultan Abdulqader Al-Shawi, General Principles in Criminal Law, Al-Atak Book Industry, Cairo, 2006.
5-Dr. Ali Ghalib Al-Dawoodi and Dr. Hassan Al-Hadawi, Private International Law: Nationality, Domicile, and Legal Status of Foreigners, Vol. 1, University of Baghdad, 1988.
6-Dr. Mohammed Fouad Al-Muhanna, Principles and Provisions of Administrative Law in Light of Modern Trends, Al-Maaref Establishment, Alexandria, 1975.
7-Dr. Wathba Al-Saadi, Criminal Law – Special Part, National Library, Baghdad, 1989.
Second: Theses and Dissertations
1-Mohammed Ali Yousif, The System of Local Administration in Iraq, Master’s Thesis, Faculty of Law, University of Baghdad, 1971.
2-Nuwras Hadi Al-Sultani, The Legal Organization of the Provincial Councils Not Incorporated into a Region in Iraq, Master’s Thesis, Faculty of Law, University of Babylon, 2010.
Third: Research Papers
1-Idris Hassan Mohammed and Fawaz Khalaf Dhahir, “Oversight of Regional Decentralized Administrative Bodies in Iraq in Light of the Provisions of the 2005 Constitution and Law No. (21) of 2008,” Tikrit University Journal for Legal and Political Sciences, Vol. 4, No. 14, 2012.
2-Dr. Ismail Sa’sa’ Ghidan and Mohammed Haddam Al-Ameri, “The Legal Organization of the Supervisory Jurisdiction of Heads of Administrative Units in Iraq (A Comparative Study),” Al-Muhaqqiq Al-Hilli Journal for Legal and Political Sciences, Vol. 4, No. 2, 2012.
3-Dr. Hanan Mohammed Al-Qaisi, “Parliamentary Oversight of Government Actions (A Study on Parliamentary Interpellation),” Al-Huqooq Journal, Al-Mustansiriya University, Issue No. 10, 2010.
4-Dr. Ghazi Faisal, “The Provisions of Law No. (21) of 2008 on Governorates Not Incorporated into a Region: A Critical Analysis,” Al-Multaqa Journal, Issue No. 11, 2008.
5-Mohammed Al-Asadi, “Remarks on the Recent Law of the Provinces,” Al-Multaqa Journal, Afaaq Foundation for Iraqi Studies and Research, Issue No. 11, 2008.
6-Dr. Yasser Atiwi Aboud Al-Zubaidi, “The Legal Organization of Provincial Council Elections in Iraq (A Comparative Study),” Al-Huqooq Journal, Year 2, Issue No. 3, 2010.
Fourth: Legislation
1-Constitution of the Republic of Iraq (2005, in force).
2-Canceled Law of District Administration No. (58) of 1927.
3-Iraqi Civil Code No. (40) of 1951, as amended.
4-Civil Service Law No. (24) of 1960, as amended.
5-Canceled Law of Provinces No. (159) of 1969.
6-Iraqi Penal Code No. (111) of 1969, as amended.
7-Law on Discipline of State and Public Sector Employees No. (14) of 1991, as amended.
8-Coalition Provisional Authority Order No. (71) of 2004.
9-Anti-Terrorism Law No. (13) of 2005.
10-Nationality Law No. (26) of 2006.
11-Law of Governorates Not Incorporated into a Region No. (21) of 2008, as amended.
12-Law on the Election of Provincial, District, and Sub-District Councils No. (36) of 2008.
13-Law of the National Commission for Accountability and Justice No. (10) of 2008.
14-Kurdistan Region Law of Governorates No. (3) of 2009.
15-Federal Board of Supreme Audit Law No. (31) of 2011, as amended.
16-Law No. (19) of 2013 – Second Amendment to Law No. (21) of 2008 on Governorates Not Incorporated into a Region.
17-Law No. (10) of 2018 – Third Amendment to Law No. (21) of 2008 on Governorates Not Incorporated into a Region.
