واقع الموازنة بين السلطات التقديرية الممنوحة للإدارة و مبدأ الحفاظ على الضمانات المكفولة للموظف العمومي

Abstract EN

In order to maintain good public services and to achieve the best interests of the public, the public administration must be given broad powers to perform the necessary tactical function, to meet these broad powers, and to ensure that there is no imbalance between the latter and the guarantees guaranteed to the public official.

The legislature had introduced new mechanisms to help the administrative judge to control the legality of administrative decisions in general, and to monitor the compatibility of disciplinary sanctions against the public official and his professional errors.

The purpose of this study is to highlight the various legal texts governing the functional relationship and to identify the gaps there, the latter of which is a fertile gap for the various infinite administrative weaknesses in practice, as the weak party in the functional administrative relationship.

Thus, his legal guarantees were limited, as opposed to the broad discretionary powers given to the Department in the functional area in general and disciplinary in particular.

This is why he is the only one affected by the poor management, especially since the latter can evade restrictions and hide legal loopholes for the common good.