التطورات القضائية في الرقابة على مبدأ التناسب في القرارات التأديبية دراسة مقارنة

الملخص EN

The study sought to identify judicial developments in the control of the principle of proportionality in disciplinary decisions in the light of the provisions of the Administrative Judiciary in both Jordan and Iraq, and dealt with the principle of proportionality, as well as the definition of the purpose of monitoring the principle of proportionality.

As well as to identify the legal adaptation of this type of censorship and whether it is considered a form of censorship of appropriateness or it is only a manifestation of the evolution of control over legality.

The study also sought to identify the justification of the administrative judiciary when imposing its control on the principle of proportionality in disciplinary field.

The study resulted in a number of results, the most prominent of which is that the common and fundamental reason for the disproportion between the punishment and the disciplinary offense is that the legislator in the countries Which is the subject of study for disciplinary offenses, as the absence of codification unleashes the administration in the creation and punishment of disciplinary offenses by disciplinary punishment, which, in contrast to disciplinary offenses, is strictly limited.

The researcher believes that if the violations are identified by specific legal provisions, as well as the duties and prohibitions that should be avoided, this will be reflected on the work of the employee positively, and thus provide him with reassurance and security for the clarity of the picture before him.