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العنوان
النظام القانوني للهيئات المستقلة وعلاقتها بالسلطتين التشريعية والتنفيذية :
المؤلف
الحلبوسي، محمد جاسم حمادي.
هيئة الاعداد
باحث / محمد جاسم حمادي الحلبوسي
مشرف / شريف يوسف خاطر
مناقش / صلاح الدين فوزي
مناقش / محمد أحمد سلامة مشعل
الموضوع
السلطة التشريعية - قوانين وتشريعات. السلطة التشريعية. السلطة التنفيذية - قوانين وتشريعات. السلطة التنفيذية - قوانين وتشريعات.
تاريخ النشر
2022.
عدد الصفحات
مصدر الكترونى (449 صفحة).
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2022
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 449

from 449

المستخلص

The organism of the comprehensive predecessor, the compassionate, based on the gathering of the authorities in the hand of the ruler, and thus the separation between the authorities is believed in the process of balance and a strict control between the states of the state, and that the independent bodies are in the time of the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the one who is the same In order to assume several important and sensitive functions, as it deals with issues related to public freedoms or economic, financial or administrative activity (control of administrative and financial corruption). Since democratic systems have relied on the principle of separation of powers, and many modern countries have adopted this principle, and we find that each of the three authorities in the state is singled out for a task specified by the constitution without the participation in it of another tyranny. Who limits its tyranny? Therefore, the independent bodies appeared to be independent from the three authorities, and at the same time they exercise control over all of them, but to varying degrees from one country to another. and stipulating their independence and their work in a way that supports their work without the interference of any of the three authorities, and made the tasks of these bodies the oversight of public funds (the public budget), the oversight of human rights and elections, the oversight of the media, as well as the oversight of the implementation of laws, And finally, combating corruption, by verifying the legitimacy of regulations and orders issued by higher management bodies or lower administrations. It should be noted that working on the development of independent bodies achieves the goals for which they were established, and helps in strengthening independence, impartiality and commitment in building state institutions and strengthening the relationship between them and the federal authorities. Because the system of independent bodies represents a developed case of management in order to maintain the impartiality of the work of some institutions to get them out of the circle of political strife. Whatever order it may be; Independent bodies are part of the state’s structure. The outcome of the expansion of the work of the executive authority, in addition to the variety of tasks entrusted to them in various economic, political, social and administrative activities, emerged as a result of the entry of the scientific revolution, which had the clear impact on the rights and developments of individuals and their accompanying developments. This necessitated the establishment of administratively, financially and technically independent bodies working for the regularity of the functioning of public utilities, as well as ensuring the principle of legality through the oversight granted to them during the exercise of jurisdiction in accordance with the constitution. As for the independence enjoyed by the independent bodies, they are subject to very diverse legal systems, each according to its competence and the activities practiced by the independent bodies. Bodies, in Iraq the word (linkage) appeared, and in Egypt the word (dependency), so do these terms affect the work of independent bodies and their independence? It is worth noting that the independent bodies are responsible to the House of Representatives, and they are not affiliated with it. The association means that they are subject to the House of Representatives, and this matter has a major problem. Because of the defamation of others or the settling of political accounts, despite that, the Iraqi Federal Court came in its decision of 2006 to confirm that the independent bodies enjoy financial and administrative independence, and that they are self-administered and have no authority over them except the law, and this is the basis for their independence to confirm the work of the bodies. It is worth noting that the Iraqi constitution of 2005 in Article (102) has devoted an entire chapter to the independent bodies in which it clarifies their work, independence and affiliation, and the adoption of their own laws in the Iraqi Parliament. The executive and its conflict over the party to which these bodies are linked has caused an administrative imbalance in the association of the bodies, which has caused the paralysis of some of them and the slowdown in the work of these bodies as a result of partisan interventions in the political system in the Iraqi state, and as it is clear that things in Egypt are going according to the above. In Iraq, the independent bodies are going through a different situation due to political interference and quotas. As for the situation in Egypt, it is exactly the opposite of Iraq. Some independent bodies have strong activities and great capabilities. In addition to that, the dependency in Egypt, unlike Iraq, most of the independent bodies follow the President of the Republic in modern laws, such as the Central Bank, the Administrative Oversight Authority, and the Central Accounting Agency. And his important role, as he monitors the state’s general budget and the final account, and the Central Auditing Organization has gone through several changes in many respects, the most important of which is subordination, after it was previously subordinate to the House of Representatives, and despite that, the procedures of the two bodies follow. to another and the method of their selection, and the connection is relative to the House of Representatives; That is, he must be aware of the reports; Because he exercises control over the general budget and the final account, in addition to participating with committees in the proposed laws and according to the need of other committees for advice, and he is not alone, but for other independent bodies the same thing. It is worth noting that the Egyptian Constitution of 2014 states in Article 216 that: “A law shall be issued for the formation of each independent body or supervisory body that defines its competencies, its system of work, guarantees of its independence, the necessary protection for its members, and their other employment status, in a manner that is sufficiently independent for them. The President of the Republic, the heads of these bodies and bodies, after the approval of the House of Representatives by a majority of its members, for a period of four years, renewable once. It also shows the role of independent bodies, especially in monitoring the elections, as the democratic aspect of the elections needs to practice this work through constitutional institutions or constitutional bodies in the country that monitor and prepare for the elections, and monitor lists and list candidates. The Iraqi constitutions of 2005 and the Egyptian constitutions of 2014 agreed to the independence of the electoral bodies, which enjoy a special legal status within the framework of the constitutional organization, despite the fact that the Independent Electoral Commission in Iraq is inaccurate in its work. The state in its work, and this takes it out of the framework of independence and lack of respect for laws and the constitution, unlike what is found in the Arab Republic of Egypt. As for the High Commission for Human Rights as an independent body - also - the Constitution of the Republic of Iraq for the year 2005 adopted it for the first time in the history of those institutions, as the High Commission for Human Rights represents the body entrusted with the constitution, the guarantee of violations, the protection and enforcement of human rights, and the enforcement of the culture of human rights. In Egypt, the Egyptian Constitution of 2014 stipulates that: The National Council for Human Rights, Women’s and Children’s Rights is satisfied with addressing human rights as comprehensive and nurturing, and as the body that informs the government about violations that affect citizens and submits reports, as well as its work with the Council of Representatives. These institutions are considered a prominent and developed turning point in the history of the legal system for the protection of human rights and freedoms. The constitutional legislator surrounds human rights with constitutional, judicial and legal guarantees to ensure that human rights are not violated, and the government, in cases, states, and solutions. Fourth, and the important role in the field of television, satellite stations and social networking sites, and accordingly it is necessary to control abuses, work licenses and maintain public order and morals. In monitoring the press and media, it should be noted that the constitution stipulates the independence of these agencies and their relationship with the authorities, and standing by the state; In order to avoid any unacceptable action.