Oversight of appointment decisions to fill senior administrative positions issued by the caretaker government

Document Type : Research Paper

Authors

College of Law, Al-Qadisiyah University

Abstract
The caretaker government is a temporary government created by the French judiciary ,in order to protect the principle of regular and steady operation of public facilities, as these facilities must continue their services without interruption. interruption, because this causes harm to citizens, and therefore if the original government is exposed to any reason that makes its powers diminished, such as dissolving parliament ,or withholding confidence from it ,or its resignation ,this leads to its transformation in to a caretaker government, and as it is known that this government is prohibited form appointing fundamentalists in the government. Senior administrative positions, therefore, they resort to the method of assigning them to fill them when they become vacant for any reason. Because this government has limited powers, it must take into account these limits set by the constitutional, and not deviate from the constitutional rules, which requires parliament they must use constitutional means to ensure parliamentary oversight of their actions to monitor the government and for it not to be isolated from this oversight under the pretext of being a caretaker government that does not need parliamentary oversight, in addition to judicial oversight. Regular, administrative and oversight by independent bodies, in order to preserve public interests

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  • Receive Date 05 November 2023
  • Revise Date 11 November 2023
  • Accept Date 11 November 2023