نقل الموظف العام بين المصلحة العامة و الجزاء التأديبي

Abstract EN

The relationship between the employee and the administration is an organizational relationship in which the employee is subject to the decisions and instructions issued by the administration related to the proper operations and organization of work.

Therefore, the issue of the transfer of the public employee is one of the most important issues that occur to a public employee’s career.

Here, a question arises about the validity of the measures taken towards the employee: what are the guarantees that ensure the validity of these measures? Does the employee have a right or are there guarantees that ensure his rights? And who is the competent authority entitled to issue such a decision? The research topic was thoroughly studied and expanded.

In this study, the researcher will deal with the meaning of the public employee and the public position in an introductory part that also clarifies the conditions of both the public employee and the public office.

The study was then divided into two chapters.

The first chapter is entitled the transfer of a public employee in a public office and it includes three basic topics, namely the concept of transfer and its distinction from the mandate, the types of transfer and its conditions, as well as the authority competent to issue a transfer decision, including the implications thereof.

In the second chapter, the focus will be on the transfer of the public employee between the organization of functional work and the disciplinary penalty.

The researcher will also deal with three basic topics, namely the criteria for differentiating between transfer as an administrative and organizational procedure and transfer as a disciplinary measure.

The guarantees of the legality of the decision to transfer the public employee will also be included in the research as three subjects within the second topic.

In the last section, the definition of the abolition of the decision to transfer the public employee and examples of judicial rulings will be presented.

By following a methodical approach that helped the researcher in organizing the plan and writing the research, accurate results and recommendations were reached at the end of the study.

The most important is that the administration’s adherence to the correct and proper disciplinary measures set by the legislator enables it to reach the right decision, and thus immunizes it from cancellation whether before a committee Grievances or before the courts.

The most important recommendation is the need to review the legislations regulating the public office and the relevant legislation by the legislative authority and remove the existing ambiguity or conflict, so that the competent authorities can implement it in a manner that guarantees justice and the ease of procedure.