This study analyzes the disciplinary regime applicable to civil servants and the Supreme Council’s approach to reviewing disciplinary decisions. It clarifies disciplinary fault and the scope of administrative discretion in initiating proceedings and selecting sanctions. The article then details legality principles that structure disciplinary action—legal basis, proportionality, equality, and procedural guarantees—and shows how judicial review addresses misuse of power, procedural defects, insufficient reasoning, and factual mischaracterization. By emphasizing the balance between the effectiveness of public administration and the protection of individual rights, the paper argues that consistent jurisprudence is essential to prevent arbitrariness and strengthen public trust.
Redouane Abou Jomaa (Fri,) studied this question.