تجليات الاختصاص التقديري للسلطات التأديبية كسبب لعدم التناسب

Abstract EN

Failure to count the disciplinary errors and thus create a lack of clarity of the disciplinary error, that is, the difficulty of identifying and confining them led to the recognition of the discretionary power of Disciplinary authorities and wide discretion, both to estimate disciplinary errors and to relate each error to the corresponding disciplinary sanction Suitable for him alone.

However, the reality has given rise to numerous abuses and arbitrariness of the disciplinary authorities and is confronted with what is called a disproportionate measure when it is punished for the disciplinary sanction imposed for negligent negligence or misconduct.

by gravity, especially when there are differences in the assessment of the same error.

Key words: Disciplinary authorities, Freedom of appreciation, Jurisdiction, arbitrariness, disproportion.