" The Guarantees of Public Employees Against Disciplinary Sanctions"

Abstract

The guarantees granted to public employees against disciplinary sanctions represent a fundamental safeguard for achieving a balance between the administration’s interest in maintaining discipline within public services and the protection of employees’ rights against the potential abuse of disciplinary authority. Granting the administration broad discretionary powers in the disciplinary field may lead to misuse of authority, which highlights the importance of these guarantees as a mechanism to ensure administrative justice and uphold the rule of law. This study examines the guarantees provided to public employees through two main stages. The first concerns the guarantees preceding the imposition of disciplinary sanctions, such as disciplinary investigations, the employee’s right to defense, the requirement of reasoned decisions, and the principle of proportionality between the offense and the sanction. The second concerns the guarantees available after the sanction is imposed, whether through administrative remedies or judicial review, which constitutes the ultimate safeguard against unlawful disciplinary decisions. The study concludes that disciplinary guarantees for public employees are not merely procedural formalities but essential safeguards that ensure the fairness of administrative decisions and strike a balance between the public interest and individual rights. It also recommends strengthening the independence of disciplinary investigation bodies, expanding the scope of judicial review, and obligating the administration to provide detailed reasoning for its disciplinary decisions, thereby reinforcing the principle of legality and protecting the rights of public employees.