المشكلات القانونية التي يثيرها حق الطعن في العقوبات الانضباطية

Abstract EN

The disciplinary system of the public official, includes many disciplinary guarantees, guaranteed by the legislator before, during and after the imposition of disciplinary punishment.

Despite the importance of these assurances, they are not all of one level.

The disciplinary action against the administrative judiciary is of great importance.

It ensures that the disciplinary body complies with other guarantees.

Without it, the administration can violate the rights of the employee and not abide by the legal procedures as long as the punishment is guaranteed.

Although most of the disciplinary legislation guaranteed the right to appeal and appeal against the decisions of the imposition of punishment, an important issue is the obstacles that reduce the importance of judicial oversight.

When the legislator fortifies the disciplinary obstacles to appeal, this means throwing the hand of the administration and tempting it to abuse the power.

The same result is achieved if the legislator guarantees the right to appeal, but he entrusts the supervision to a non-specialized judicial body.

The nature of the administrative dispute in general and discipline in particular requires That the functions assigned to the judiciary are to attempt to reach the point of balance between the opposing interests and can not do so unless the judicial body is different from the ordinary judicial body on the one hand Occupation ).

In addition to the scientific specialization, the councilors of the State Council should have practical experience in the administrative field (which fulfills organic competence).