خصوصية مبدأ شرعية الجريمة التأديبية في التشريع الجزائري : دراسة تحليلية في ظل قانون الوظيف العمومي

Abstract EN

By examining the issue of occupational misconduct, the Algerian legislator, through the texts relating to the civil service, did not exclusively identify occupational misconduct, but linked them to job duties and prohibited acts, which did not include all the violations that could be envisaged contrary to the penal law, which punishes offenses.

Exclusively, the legislator left the task of identifying and adapting professional misconduct to the degree of management discretion, resulting in the problem at this level of the possibility that the rights of the supervisory staff could be affected.

Accordingly, the legislator has worked to control the disciplinary authority by establishing a set of general standards or rules from which the employee's professional misconduct may be derived, in addition to the disciplinary controls set forth in Ordinance 06-03 relating to the public service which fall within the requirements of the principle of proportionality, to protect the functional rights of the general employee.