قيود ضرورة المصلحة الواردة على وضعية الإحالة على الاستيداع : دراسة مقارنة بين تشريعات الوظيفة العمومية الجزائرية

Abstract EN

The referral to availability status, is one of the important topics of administrative law, because it leads to a temporary suspension of functional relationship linked between the staff member and the administration, whether mandatory or optional way.

This is due to the unexpected circumstances that may encounter the staff member's life.

The Algerian legislator recognizes this status under the public function Law and its regulatory provisions; however, the staff may face a variety of constraints due to the necessity of the service, which prevents him from benefiting of this right.

Thus, may adversely affect the staff member own interest.

Consequently, we're going through this research paper, to show how the necessity of service, is defined as a constraint imposed on the staff member's life, and limits his freedom to benefit from this right, that the algerian legislator considers it as a right with an ambivalent nature; sometimes compulsory to the administration, and other times optional for it.