المسؤولية الجزئية و التأديبية عن التصرفات المشروعة للموظف الفعلي

الملخص EN

National and foreign legislations are consistent with the need to preserv e the work flow of public institutions regularly, steadily and the protections of others from the actions of unfitted employee whi ch came from ordinary people or others issued on them set of null appointment decisions.

Thus, the theory of the actual employee created which formed a judicial creativity to create a state of balance between the extent of the legality of such acts and the preserv ing of public institutions also the rights of others from infringement in which this theory came in consistent with the rules of justice and common sense.

Indeed, there is jurisprudence and judicial stability in all the countries discussed in this research (in comparison) to granting the actions of the actual employee the status of legitimacy.

Considering the person who comes to it as a legal employee, which would have many legal implications of granting this status - (in terms of the extent to which the disciplinary and criminal liability of an illegal employee was originally made legal, despite the absence of his or her appointment) - in response to the principle of regular and steady operation of public utilities, and protecting others (good faith), in which reflected positively on the stability of administrative transactions.