رقابة القضاء الإداري على سلطة الإدارة التقديرية في قرارات انتداب الموظفين : دراسة مقارنة

Abstract EN

Judicial supervision is one of the most effective guarantees for the work of the administration and doesn't depart from the provisions of the law, especially when issuing administrative decisions in accordance with the discretion given to it by the legislator to carry out its functions and activities for the public interest and to conduct its services regularly and steadily.

One of its employees temporarily to another job within or outside his department at the same degree or directly above it as long as the conditions of its occupancy are met, provided that the purpose of the assignment is to achieve the public interest and not merely a way to remove him from his original job or retaliation.

Employee Functional legislation has created legal protection for the employee by subjecting the administrative decisions relating to the assignment to judicial supervision.

The recommendations of the study are: the decisions of the mandate may involve personal reprisals at the source of the administrative decision, including the authority of appreciation.

We recommend amending the functional regulations and introducing a legal text that provides for the principle of causality of the administrative decisions related to the assignment.