سلطة الإدارة في نقل الموظفين وفقا للنظام القانوني السعودي

Abstract EN

The administration has wide powers to transfer its employees thanks to its discretionary power.

However, this power is not absolute: it ranges from appreciation and constraint to achieve the difficult equation between the public interest related to the good performance of public facilities, and the special interests of employees, who wish to or are opposed to transfer.

Accordingly, this research seeks to clarify the role of the administrative judiciary in the KSA in monitoring the dimensions of this equation, while stressing the necessity of not preventing the administration from disposing of the necessary flexibility in using its human resources by transferring them.

On the other hand, this study emphasizes the importance of the administration itself in respecting the restrictions of legality imposed on it.

However, the legal system of transfer remains in need of further review and improvement, especially in light of the recent convergence between the civil service laws and the work laws, as well as the requirements of flexibility needed to develop the running of state public facilities.