The Effect of Breach of Procedural Safeguards on the Legitimacy of Disciplinary Sanctions

Abstract

This study addressed the issue of the impact of breach of formal guarantees on the legitimacy of disciplinary penalties، stating a set of guarantees stipulated in the State and Public Sector Employees Discipline Law No. 14 of 1991، as amended، which the legislator required the administrative authority to adhere to when conducting an administrative investigation. These guarantees varied between those that precede the administrative investigation، such as the formation of the investigative committee and referral to the investigation، and those that are simultaneous and subsequent to the administrative investigation، such as fulfilling the written form of the administrative investigation and giving rise to the recommendation of the investigative committee، and their omission results in the cancellation of the disciplinary administrative decision if it is appealed before the administrative judiciary. These guarantees were not limited to what was stated in the legislative texts only Rather، it was strengthened through the established judicial principles approved by the administrative judiciary، which contributed to consolidating disciplinary protection for public employees.