الضمانات الشكلية للموظف العام في التحقيق الإداري: دراسة تحليلية في التشريع الإماراتي والأردني والمصري

Abstract EN

This research dealt with the topic of formal guarantees for the public employee in the administrative investigation, an analytical study in the Emirati, Jordanian and Egyptian legislation.

The administrative investigation, which is carried out before the imposition of punishment, is one of the most important and prominent disciplinary guarantees for the public employee within the scope of administrative discipline.

The effects of the administrative investigation represent a great danger to the fate of the staff member.

It necessitates subjecting those procedures to specific objective and formal controls and frameworks that ensure that their use does not deviate from the desired objectives.

The purpose of these procedures is to reach the truth and not to be used to abuse the rights of the public official.

In the light of the foregoing, the researcher has decided to study the aspect related to the formal guarantees of administrative investigation in a number of comparative legislations.

The rules governing disciplinary procedures aim to achieve a balance between two objectives, the first is the interest of the administration in the management of the public facility by punishing those who violate the duties of the job, and the second is the right of the employee to have legal guarantees during the investigation and the trial.

Administrative investigation will be dealt with in the second section, and the sole body of the administrative investigation we will address in the third section