Independent bodies' oversight of the non-governmental sector in Iraq
DOI:
https://doi.org/10.35246/mx4crh75Keywords:
Independent oversight, rule of law, private sector, institutional regulation, integrityAbstract
Following the change of the system of government from presidential to parliamentary under the 2005 Constitution, the legal system in Iraq faced the emergence of independent oversight bodies that were not known before the entry into force of this Constitution, and which exercise oversight powers mainly over some government agencies. However, this did not prevent the extension of the control of some of these bodies to other agencies not affiliated with the government, even if they participate with government agencies in satisfying some public needs, aiming to achieve the public interest despite their private, not public, ownership, such as private universities and private banks. In light of these objectives, independent bodies are permitted to extend their oversight over these non-governmental bodies, given that they are governed by the state's general policy. It is also necessary to ensure that oversight bodies do not abuse the rights of non-governmental bodies whose goal is to achieve public benefit, not merely material gain. Institutional coordination between independent bodies and state bodies that exercise oversight powers is essential to prevent duplication between them.
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References
First: The Books:
i. Dr. Abdul Karim Abdullah Hassan, The Legal System of Independent Bodies in Iraq, University Culture House, Cairo, 2018.
ii. Dr. Ammar Ali Hassan, Administrative Control in Contemporary Legal Thought, 1st ed., Dar Al Fikr Al Jami’i, Alexandria, 2018.
iii. Dr. Fadhel Abdul Nabi Hussein, Private Sector Oversight in Iraqi Legislation, 1st ed., Dar Al-Sanhouri, Baghdad, 2020.
iv. Dr. Muhammad Ali Al-Lami, The Role of Independent Bodies in Promoting Transparency and Combating Corruption, Federal Transparency Authority, 2023.
v. Dr. Munther Al-Shawi, The Constitutional System in Iraq, 3rd ed., Publications of the Legal Research Center, Baghdad, 2012, p. 227.
vi. Dr. Nasser Ali Al-Hayani, Legal Regulation of Private Investment in Iraq, New University House, Alexandria, 2021.
vii. Adel Abdul Mahdi, Independent Bodies in the Iraqi Constitutional System, Dar Al-Rafidain, Beirut, 2012.
viii. Abdullah Khalaf, Private Sector Oversight and Legal Compliance Procedures, Dar Al-Shorouk University, Baghdad, 2020
ix. Abdullah Murad, The Legal System of Independent Regulatory Bodies, Arab Center for Publishing, Beirut, 2018.
x. Muhammad Bahi Abu Younis, Independent Bodies between the Constitution and the Law, 1st ed., Dar Al Nahda Al Arabiya, Cairo, 2010
xi. Hadi Abbas Hamoud, Supervision of Public Administration Work, 1st ed., Dar Al Thaqafa, Amman, 2016.
xii. Youssef Abdel Hussein, Modern Control and Information Technology in the Public Sector, Dar Al Fikr Al Arabi, Cairo, 2017.
Second: The Research:
i. Iqbal Naji Saeed, The Legal System of Independent Bodies in Iraq, PhD Thesis, College of Law, University of Baghdad, 2015.
ii. Dr. Ali Khadir Kadhim, Independent Administration in Iraqi Law, PhD Thesis, College of Law, University of Baghdad, 2017.
iii. Sanaa Mohammed Sadkhan, Distribution of Financial Powers between the Federal Authority, Regions and Governorates (Iraq as a Model), PhD Thesis, College of Law, Tikrit University, 2012.
iv. Sadiq Muhammad Ali Al-Hussaini, The Legal System of Independent Bodies (Comparative Study), PhD Thesis, College of Law, University of Babylon, 2014.
v. Dr. Falah Hassan Attia, Financial Jurisdiction of a Governorate Not Organized within a Region in Iraqi Law, Master’s Thesis, College of Law, University of Karbala, 2014.
Third: Research and articles
i. Dr. Ibrahim Abdullah Al-Issawi, Independent Bodies in the Iraqi Constitutional System: A Comparative Analytical Study, Journal of the College of Law for Legal and Political Sciences, College of Law and Political Science, University of Kirkuk, Issue (35), Year 2022.
ii. Dr. Ihsan Ali Hussein, Independence of Oversight Bodies in Constitutional Systems, Journal of Legal Sciences, College of Law, University of Nahrain, Issue (2), 2019.
iii. Dr. Hanan Muhammad Mutlaq Al-Qaisi, The Concept of Independence and Independent Bodies in the 2005 Constitution, Journal of Law, College of Law - Al-Mustansiriya University, Volume (5), Issues (23-24), 2014.
iv. Dr. Haider Najib Ahmed, The Relationship between Administrative Law and Civil Law within the Limits of Public Money, a study published in the Research Book of the First Scientific Conference of the College of Law and Political Science, University of Diyala, 2009.
v. Dr. Samir Al-Ali, Governance and Oversight of Independent Bodies, Journal of Legal Sciences, University of Baghdad, Issue (12), 2019
vi. Dr. Ali Hadi Abbas, The Constitutional Legitimacy of the Work of Independent Bodies in Iraq, Journal of Legal Sciences, College of Law, University of Baghdad, Issue (2), Year (45), 2023.
vii. Dr. Ghazi Faisal Mahdi, The Federalism and Administrative Decentralization Systems in the Constitution of the Republic of Iraq for the Year 2005, Legislation and Judiciary Magazine, Issue No. 1, March.
viii. Dr. Muhammad Bahi Abu Younis, Independent Bodies between the Constitution and the Law, Journal of Law, Faculty of Law, Alexandria University, Issue (45), 2018.
Fourth: Laws and regulations
i. The Constitution of the Arab Republic of Egypt of 2014 (amended in 2019).
ii. Financial Supervision Bureau Law No. 31 of 2011, Article 2 of the Integrity and Illicit Gains Commission Law No. 30 of 2011.
iii. Constitution of the Republic of Iraq for the year 2005..
iv. Federal Supreme Audit Office Law No. 31 of 2011.
v. Communications and Media Commission Law No. 65 of 2004.
vi. Federal Integrity Commission Law No. 30 of 2011.
vii. Law No. 53 of 2008 on the High Commission for Human Rights.
viii. Federal Financial Supervision Bureau Law No. (31) of 2011 as amended
ix. Financial Supervision Bureau Instructions No. (1) of 2012.
x. Federal Supreme Court Decision No. (45/Federal/2019) dated 6/12/2019.
xi. Federal Supreme Court Decision No. (35/Federal/2014) dated 4/28/2014, published in the Iraqi Gazette, Issue No. 4320 dated 5/12/2014; and Administrative Judiciary Court Decision No. (157/Administrative Judiciary/2017) dated 11/14/2017.
xii. Federal Supreme Court Decision No. (35/Federal/2014) dated 4/28/2014, published in the Iraqi Gazette, Issue No. 4320; and Administrative Judiciary Court Decision No. (157/Administrative Judiciary/2017) dated 11/14/2017.
Fifth: Foreign references
i- John Uhr, Institutions Of Integrity: Transparency and Accountability in Australia, ANU Press, 2006, P.47
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