أثر الحكم الجزائي الصادر بالإدانة على تأديب الموظف العام في التشريعين الأردني و الإماراتي

الملخص EN

This article examines the effect of a criminal conviction on the disciplinary procedures against a civil servant in the laws of Jordan and the United Arab Emirates (UAE).

If a civil servant commits a wrongful act that qualifies as both a crime and a disciplinary violation, a question arises as to the consequences of the criminal conviction for the disciplinary authority.

If parallel proceedings were to be pursued before the criminal and disciplinary authorities, contradictory decisions may be delivered by each authority within its competence.

The article puts forward a number of conclusions and recommendations; mainly: while criminal convictions do not preclude the disciplinary authorities from applying disciplinary sanctions, the legislature allows for the suspension of punishment, which should also affect the disciplinary procedure.

Therefore, a legislative amendment is recommended to clarify the effect of the suspension of the punishment on the ancillary sanctions contained in civil service regulations.

The legislative reform will reconcile the rules of criminal liability with the disciplinary system to avoid contradictory decisions.