Interference of Anti-corruption Measures between the Public Prosecution Agency and the Commission of Integrity in Iraq

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Abdulrazzaq Talal Jasim Al-Sara

Résumé

The financial and administrative corruption is a global phenomenon widely spread at varying levels in many countries. It is a real threat that undermines the social fabric and threatens the entity and state stability. It works to take off the citizens’ rights stipulated in international and regional instruments and national constitutions.


Iraq is still suffering from the spread of the this corruption, despite the existence of multiple observation and surveillance bodies (such as the Federal Financial Supervision Bureau, the Commission of Integrity, the integrity committees in the Council of Representatives the governorate as well as civil society organizations and other agencies associated with the executive authority). It has become the main obstacle to the construction and development and a major reason for the mass protests occasionally. This led the Iraqi legislator to assign the task of fighting such corruption to an agency with independence, integrity and legally experience.


                The Public Prosecution Law No. (49) / 2017 was enacted. It entrusted the task of countering financial and administrative corruption to it. However, the exercise of this competence has caused interference in procedures and powers with those of the Integrity Commission, especially after the promulgation of Law No. (30) / 2019 (the first amendment to the Integrity Commission Law No. (30) / 2011).


Therefore, the aim of this research lies in highlighting aspects of procedural overlap between these two agencies. The other aim is working to provide legal proposals to remove this interference to strengthen the legislative system to counter financial and administrative corruption in Iraq.

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