The authority competent to impose and conduct disciplinary penalties against those with special grades


  • Hana Jabouri Muhammad


Quasi-judicial system – president of the Republic – Minister – prime minister


The administration's activity witnessed a remarkable development and expansion, which made the state intervene to provide services directly in all social and economic fields, which led to the necessity of an increase in the number of employees working in the state's public facilities in order to achieve the administrative principle of "the regular and steady functioning of public facilities" and, in the end, to achieve the interest. the public . As a result of this increase in the number of employees working in public state facilities, it has become necessary and necessary for the state to establish laws, regulations, and instructions to regulate the public job and all employee affairs, by establishing systems for appointment, promotion, and promotion, in addition to determining the financial and non-financial rights of the employee, while specifying the employee’s duties and the prohibitions imposed on him. The disciplinary system is what determines the functional limits that the employee must observe and the prohibitions that he must avoid, which when he falls into them will be a reason for holding him accountable and imposing a disciplinary penalty against him. Accordingly, the disciplinary system in the field of public employment is a legal means in the hands of the administration to maintain job discipline and improve the workflow in public facilities of the state and to achieve the public interest. The purpose of the disciplinary system is not limited to disciplining the violating employee, but goes beyond that to find out what are the circumstances that led to the commission of the violation and the reasons for it. Which prompted the employee to commit the violation in order to address it and put in place all measures to prevent it from occurring in the future. From the above, we find that the disciplinary system takes into account the element of effectiveness in the work of the administration, as it grants it privileges and powers vis-à-vis the public employee. On the other hand, we find that it takes into account the requirements of the guarantees enjoyed by the employee subject to the disciplinary system, to achieve a balance between these two considerations, and this is what most employment laws attempt. Public provision. The endeavor of public employment laws is to provide a kind of balance between the rights and obligations of both the public administration and the public employee during the period of the employment relationship, starting from appointment until the dissolution of the job relationship through normal or special (exceptional) means. This appears clearly in disciplinary disputes, where the administration has the authority to hold the public employee accountable who violates the provisions of the public job. At the same time, the legislator has given the employee the guarantee of the right to defend himself, which he exercises during the course of the disciplinary case, so he presents evidence that would prove his innocence or reduce the punishment. It appears to us that the disciplinary system is one of the most important and prominent rules regulating the relationship between the public employee and the administration, including regulating the employee’s behavior and informing him of the tasks and duties assigned to him. Also clarifying the ethical framework that must determine his actions inside and outside the job, and even after the end of the employee relationship with management. Therefore, we find that, in exchange for the public administration’s attempt and endeavor to achieve the required administrative discipline, by imposing disciplinary penalties against the violating employee, it was necessary for it to provide effective guarantees to achieve the administration’s respect for the rights of employees. In addition, the administration is responsible for not exceeding the legal limits that have been set. Originally to respect and preserve functional rights and individual freedoms