الضمانات القضائية الممنوحة للموظف العام لوقف تنفيذ قرار التأديب الإداري

الملخص EN

Algerian law has established judicial guarantees to protect the public employee from the abuse of the administration, and these legal texts are reflected in the civil and administrative procedures code issued in 2008, seeking to control the relationship and achieve a balance between the concessionary administration and the public employee on the other hand.

judicial guarantees are evident in stopping the implementation of the administrative decision approved by the administrative judiciary, which was keen to adopt it as an exceptional and preventive system based on the principle of non-stop effect of the cancellation lawsuit.

however, failure to stop it causes material and moral damage to the public employee, and to avoid these damages, this legal means is a guarantee for the employee that it gives him the opportunity to submit his request to the administrative judiciary in order to stop the implementation of the administrative decision.

however, the legal rules established for the judicial guarantees authorized to protect the public employee lack clarity and seriousness, and are characterized by negligence, due to slow judicial procedures that take a long time, and there is no point in filing an annulment lawsuit if the administration implements its decision against the public employee and creates serious legal consequences that cannot be remedied.

despite the legal texts that provide a kind of protection for the public employee as a principle of law, elevating it to the level of principles of constitutional value, they have not achieved any balance between the two elements of administrative effectiveness on the one hand and the public employee on the other.