مبدأ شرعية الجرائم و العقوبات و تطبيقاته في القانون الانضباطي : دراسة مقارنة

الملخص EN

The subject of discipline in the civil service has occupied the utmost importance at the moment, and the reason for this is because the state cannot achieve its objectives, but through an administrative body to a high degree of administrative and moral competence.

If the subject of career discipline aimed at deterring employee offending and evaluate its behavior and deter others down to maintain the smooth functioning of public utilities regularly and steadily, the importance does not stop at an end as mere means revenge or retribution from the employee offender, but it is a way to prevent complacency in the career and put an end disciplinary infractions committed by an employee at the exercise of its functions or during, it is not a retaliatory operation nor compelling practiced by the disciplinary authority, But on the contrary is a legal process aimed from behind to reform employee and warn the rest of the staff from committing disciplinary offenses.

In order to happen to impose disciplinary sanctions to be enclosed in a number of controls to ensure that non-abusive disciplinary authority to impose, and perhaps the most important of these controls principle of the legitimacy of violations and disciplinary sanctions, powers were management in disciplining public employee through disciplinary procedures in the signing of the disciplinary penalty to him for his violation disciplinary must take into account in their application, "the principle of legality," which means that short (no crime and no punishment except by law), which is based upon the principle of contemporary legal state.