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Legal Employee Protection
25/3/2018 12:00 am [rtl]Salam Makki The legal officer in the State Departments exercises the duties of representing his department before the courts and pleading in public money cases. Based on the legal agency granted to him by the head of the department to which he belongs, or his authorized person, he has the authority to waiver, accept and object. In addition to participating in the investigative committees and other tasks and it must meet these tasks, more financial and administrative privileges that enable him to perform his duties in a facilitator and away from succumbing to the temptations or obstacles facing him. It was the House of Representatives to submit a bill (Protection of the legal staff) in an attempt to support this important segment. The proposal consists of 14 articles, divided between administrative and financial privileges. The reasons for the law also stipulate that the purpose of the legislation is to facilitate the completion of the functions of the legal officer in the defense of the rights of the state and protect it from the risks suffered in the performance of his duty. Article 1 of the law defines the legal officer as a permanent employee with a university degree in law. In the sense that he excluded the legal representative working in his department as a temporary contract or a daily wage. This is the first point to be written on the law. Many government departments rely on legal representatives to work on temporary contracts and even two days. Article 5 of the proposed law stipulates that a legal officer may not be arrested unless he receives the approval of the competent minister or the head of the party to which he belongs. This article represents a legal problem in addition to the Federal Supreme Court, which ruled unconstitutionality of the text of the law of the Internal Security Forces, prevents the arrest of the associate only after the approval of the competent minister, as this text contributed to the disruption of the procedures of the Integrity Commission for 4 years The approval of the Minister of the Interior. This means that integrity or any other party affected by this provision will be challenged before the Federal Court based on previous judgments of the Court, including the provision of Article 136 of the Code of Criminal Procedure. The legal problem is that it stipulated not to arrest only, without stipulating that all other legal measures should be taken. The arrest represents one of these procedures and the existence of a legal provision preventing the arrest of the accused does not mean that all the proceedings stand. The court can complete its investigations into the case before it. The court may issue a decision to bring in the legal officer and present himself without issuing the warrant. Then there is no violation of the text of this article. Article 6 The Supreme Judicial Council is obliged to appoint at least 7% of the civil servants annually for judges who have at least ten years' service. Article 7 The Ministry of Higher Education shall be obliged to allocate seats in the graduate studies for legal officers, except for the age and the average, without specifying the number of such seats or the mechanism through which they are nominated, leaving these matters to the administration which issues instructions specifying the number and mechanism. Other articles, a number of ministries, including the ministry to which the legal officer belongs, have committed 2% of the value of the claim he has won in an attempt to encourage him to perform better in the case. In addition to the Ministry of Interior, Transport and Municipalities. The transformation of this proposal into a valid law is very important in light of the growing role of the legal officer and to contribute more and more fully to the defense of the rights of his client's circle.[/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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