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April 5, 20260 citations

The Disciplinary System for Civil Servants and the Supreme Court’s Approach

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RJRedouane Abou Jomaa

Key Points

  • This analysis aims to clarify the disciplinary system for civil servants and the judicial review process of disciplinary decisions.
  • Analyzed the disciplinary regime applicable to civil servants
  • Reviewed the Supreme Court's approach to disciplinary decisions
  • Examined key principles such as legality, proportionality, and procedural guarantees
  • Identified common issues like misuse of power and procedural defects
  • Clarified the principles structuring disciplinary actions such as legality and proportionality
  • Highlighted the importance of judicial review in preventing arbitrary decisions
  • Emphasized the need for consistent jurisprudence to protect individual rights and public trust

Abstract

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.

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Cite This Study

Redouane Abou Jomaa (1988) studied this question.

synapsesocial.com/papers/69d1fc4fa79560c99a0a1e90https://doi.org/10.66499/2665-7112.1150
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