العقوبة التأديبية في ضوء ضماناتها اللاحقة و تطور مبدأ التناسب في القانون و القضاء الكويتي

Abstract EN

The public administration possesses multiple administrative authorities that it uses to limit the rights and freedoms of individuals and their fundamental interests in order to be able to achieve its goals within the scope of the principles of legality and public interest such as: authorities and means of administrative control, the authority of direct execution, the authority of forced execution, and the disciplinary authority.

The reason for the disciplinary decision in general is the content of the violation and the employee's breach of his job duties, taking an act that is prohibited to him, or his departure from the behavior required by the job, or violating his dignity or confidence in one of the job duties.

The choice of disciplinary punishment in the disciplinary field is up to the disciplinary authority.

The Kuwaiti legislator has not authorized the grievance against the decision issued for disciplinary punishment for the leaders.

Exaggeration in disciplinary punishment spoils it and turns it out of the scope of legitimacy.

The Kuwaiti legislator estimated the severity of dismissal due to its negative impact on the economic and social status of the public employee, for this reason he distinguished it by guaranteeing the grievance and specifying the disciplinary authority.

Once a judge pronounces that the disciplinary decision has been annulled, his mission ends, he has no right to take measures that entail revoking the decision, such as: correcting the annulled decision, or replacing it, because this task falls within the disciplinary authority.