حدود الرقابة القضائية على سبب القرار التأديبي

Abstract EN

The reason for the disciplinary decision is a precedent, namely the material and legal facts emanating from the official.

The legislator gave the disciplinary authority the power to assess the seriousness of these facts and to sign the appropriate sanctions.

The legislator determined the reasons for the disciplinary decision.

In order to guarantee the rights and freedoms of civil servants, it is necessary to control the cause of the disciplinary decision of the control of the material existence of these facts, and to adapt it to the law so as to control the cause at its maximum limit.

This includes the verification of the importance and the gravity of the factual situation and its appropriateness to the sanction imposed to the extent that the cause can be united to the store or to the alleged control of the proportionality in the field of discipline.

This makes the administration hesitate more than once before making its decision because it knows that the judge will not hesitate to cancel if the disciplinary decisions are not based on justified reasons.