ضمانات المحاكمة التأدبيية في ضوء نصوص قانون الخدمة المدنية رقم 81 لسنة 2016 و أحكام المحكمة الإدارية العليا

الملخص EN

We have dealt with this topic of the disciplinary trial in light of the Civil Service Texts No.

81 of 2016, its regulations, and the Supreme Court rulings.

we divide this study into several topics that we summarize as follows: First: Referral to the disciplinary court and state jurisdiction Second: Consideration of the disciplinary case Third: Guarantees of disciplinary trial Fourth: Judging and challenging the disciplinary action Fifth: Lapse of the disciplinary action It has been published under the name of the e-mail at the following address: the main address in this regard.

Have you finished? It is necessary to: - To reconsider the qualification and training of new members of the Administrative Prosecution and give them a period of training at the beginning of their tenure to work, especially in light of the amendment of the Administrative Prosecution Law and under the constitutional umbrella of the text of Article 197 of the 2014 Constitution and in light of the provisions of the Civil Service Law 81/2016 and what it has become The administrative prosecution has a role in issuing penalty decisions for violations that are investigated with its knowledge, and even receives appeals for grievances against these decisions - The necessity to carry out internal monitoring by the technical offices of the Administrative Prosecution on referral decisions to the disciplinary court because of these decisions have negative effects on the public employee.

- Well, the legislator did in the State Council Law granting the right to the court, according to Article 41 of State Council Law 47/1972, to address the disciplinary lawsuit by filing the case against parties or correspondents who are not interested in the referral decision.

- The necessity to provide all guarantees for the worker who is referred to the disciplinary court in order to achieve his defense and consider his defenses so that these guarantees do not become mere texts that have no value and do not exist on the ground.

- The need for the disciplinary judgment to include the reasons on which the judgment was issued, and for these reasons to be clear and sufficient.

- The periods according to which the disciplinary lawsuit’s statute of limitations are calculated must be reviewed, especially if it is related to public money.