Indonesian Journal of Law and Economics Review
Vol 18 No 3 (2023): August
Labor Law

The Authority to Discipline the Public Employee between the Administration and the Judiciary


Article View
  • Salma Gadban Hussein*,
  • Husham Mohammed Hamood
Salma Gadban Hussein
Al-Mustansiriya University, Iraq *
Husham Mohammed Hamood
Al-Mustansiriya University, Iraq

(*) Corresponding Author
Picture in here are illustration from public domain image or provided by the author, as part of their works
DOI: https://doi.org/10.21070/ijler.v18i3.920
Published June 19, 2023
Keywords
  • Disciplinary Authorities,
  • Public Employment,
  • Administrative Bodies,
  • Judiciary,
  • Effective Disciplinary Practices
How to Cite
Hussein, S. G., & Hamood, H. M. (2023). The Authority to Discipline the Public Employee between the Administration and the Judiciary. Indonesian Journal of Law and Economics Review, 18(3). https://doi.org/10.21070/ijler.v18i3.920

Copyright (c) 2023 Salma Gadban Hussein, Husham Mohammed Hamood

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Crossref
Scopus
Google Scholar
Europe PMC

Abstract

This article presents a comprehensive analysis of disciplinary authorities in public employment, focusing on the diverse factors influencing their establishment and functioning. The study examines the impact of social, political, and economic factors on the choice of disciplinary authority, ranging from administrative bodies to the judiciary. By analyzing various legislations and their associated disciplinary systems, the article highlights the advantages and disadvantages of each approach. The research emphasizes the importance of maintaining a balance between protecting employees' rights and ensuring effective disciplinary measures. Additionally, it stresses the significance of aligning the chosen disciplinary system with the prevailing social, economic, and political conditions. The study concludes by emphasizing the need for periodic evaluation of disciplinary systems to ensure their efficacy and the preservation of public job interests. The findings and implications presented in this article provide valuable insights for policymakers, legal experts, and professionals in the field of public employment, encouraging informed decision-making and promoting effective disciplinary practices.

Highlights : 

  • The article explores the factors influencing the establishment of disciplinary authorities in public employment, considering social, political, and economic factors.
  • It analyzes the advantages and disadvantages of different disciplinary systems, including administrative bodies and the judiciary.
  • The study emphasizes the importance of maintaining a balance between protecting employees' rights and ensuring effective disciplinary measures.

Keywords : Disciplinary Authorities, Public Employment, Administrative Bodies, Judiciary, Effective Disciplinary Practices

Article View

Downloads

Download data is not yet available.

References

  1. F. M. Ismail, "Disciplinary authority between administration and judiciary," Ph.D. thesis, Faculty of Law, Ain Shams University, Cairo, Egypt, 2017, p. 20.
  2. "serg-salon-op CTI- P22."
  3. F. M. Ismail, "Disciplinary authority between administration and judiciary," Ph.D. thesis, Faculty of Law, Ain Shams University, Cairo, Egypt, 2017, p. 23.
  4. M. F. Muhanna, "The policy of public job and its applications in the light of the principles of organization," 3rd ed., 2000, p. 36.
  5. M. Othman, "Disciplinary crime between administrative law and public administration," Ph.D. thesis, Faculty of Law, Ain Shams University, Cairo, Egypt, 2005, p. 22.
  6. A. H. K. Hashish, "Studies in Public Job," 4th ed., 2010, Dar Al-Fikr Al-Arabi, Cairo, p. 49.
  7. L. Fougeré, "La fonction publique études et choix de 1966," Brussels, 1966, p. 153.
  8. "Article 17 of the Iraqi State and Public Sector Employees Discipline Law," p. 22.
  9. M. Othman, "Disciplinary crime between administrative law and public administration," p. 25.
  10. A. A. Al-Husseini, "Criminalization and Punishment in the Disciplinary System," 1st ed., Al-Halabi Human Rights Publications, 2015, p. 41.
  11. A. K. Hamid, "Disciplinary authority," p. 54.
  12. A. A. Al-Husseini, "Criminalization and Punishment in the Disciplinary System," p. 42.
  13. F. M. Ismail, "Disciplinary authority between administration and judiciary," p. 30.
  14. S. Al-Tamawi, "Principles of Administrative Law: A Comparative Study," Book Two, Cairo, 1979, p. 269.
  15. "Repealed Tunisian Employment Law of 1946," Article (4).
  16. "Yemeni Civil Service Law No. 19 of 1991," Article (2).
  17. "General Disciplinary Council (currently the Personnel Justice Court), Decision No. (119/1961)," Journal of the Legal Codification Bureau, first year, second issue, p. 133.
  18. WINGY-C., "Droit administratif," Brussels, 1960, p. 320.
  19. M. Asfour, "Towards a General Theory of Discipline," Ph.D. thesis, Cairo, Egypt, 1972, p. 103.
  20. "Supreme Administrative Court in Egypt," Judgment issued on 27/11/1971, case number 445.
  21. F. M. Ismail, "Disciplinary authority between administration and judiciary," p. 70.
  22. S. Al-Tamawi, "Disciplinary Judiciary," Dar Al-Fikr Al-Arabi, Cairo, Egypt, 1979, p. 270.
  23. S. Al-Tamawi, "Disciplinary Judiciary," p. 515.
  24. "Supreme Administrative Court in Egypt," Judgment issued on 21/9/1960, fifth year, p. 3
  25. M. M. A. Afifi, "The Philosophy and Objectives of Disciplinary Punishment (A Comparative Study)," Ph.D. thesis, Faculty of Law, Ain Shams University, Cairo, Egypt, 1976, p. 194.
  26. "Supreme Administrative Court in Egypt," Judgment issued on 3/3/1974, year 19, p. 125.
  27. "Iraqi State and Public Sector Employees Discipline Law No. 14 of 1991," Article 10/III.
  28. De Laubader, "Manuel de droit administratif," L.G.D.J., Paris, 1969, p. 271.
  29. F. M. Ismail, "Disciplinary authority between administration and judiciary," p. 92.
  30. "The countries that took this direction (the United States of America, England, Russia, Denmark, Spain, Iraq ....)"
  31. M. Asfour, "Disciplinary authority," p. 274.
  32. F. M. Ismail, "Disciplinary authority between administration and judiciary," p. 105.
  33. M. Asfour, "Disciplinary authority," p. 37.
  34. M. Afifi and B. Jasser, "Disciplinary authority between effectiveness and guarantee," Cairo, 1982, p. 96.
  35. I. Zaki, "Employee Guarantees in Appointment, Promotion and Discipline," Ph.D. thesis, Cairo University, Egypt, 1984, p. 105.
  36. I. Zaki, "Employee Guarantees in Appointment, Promotion and Discipline," p. 110.
  37. M. J. El-Malt, "Disciplinary Responsibility of the Public Servant," Ph.D. thesis, Cairo University, Egypt, 1967, p. 301.
  38. M. Afifi, "Disciplinary authority," p. 157.
  39. A. F. Hassan, "Discipline in Public Service," Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 1964, p. 265.
  40. F. M. Ismail, "Disciplinary authority between administration and judiciary," p. 175.
  41. "Law No. 48 of 1978," Article 3.
  42. F. M. Ismail, "Disciplinary authority between administration and judiciary," p. 177.
  43. "Disciplinary Law," Article 4.