Disciplinary Authority Between the administration and judiciary (Comparative study)

This thesis addresses the disciplinary authority of both management and administrative justice to the public officials who are subject to the Law of Civil Service. It also deals with the conditions under which public employee discipline can be enforced. The thesis concluded the penalties which affect the employee in case the offense attributed to him has been proved right, and who is entitled to carry out these sanctions. What guarantees are granted to the employee in order to ensure achievement of a just and fair sentence implementation according to the legal framework represented in the law articles issued by the Palestinian National Authority dealing with this topic. In Part two, the thesis also deals with the disciplinary authority granted by the laws of the administrative judiciary, whether this authority is carried out independently as with the Egyptian legal system or in a Rejoinder to the disciplinary management decisions as is the case in the Palestinian legal system. This study is important as it is one among the very few studies that dealt with Palestinian public employee discipline (general staff). It depends on the description and analysis of legal texts, the jurisprudence and the judiciary concerning this issue and comparing them with their similar issues in the Egyptian legal texts. As we know the Egyptian administrative law is the only Arab law which authorizes the Administrative Judiciary to discipline independent public employee through the disciplinary courts in addition to taking the presidential disciplinary system into consideration. Finally, the researcher concludes several findings and recommendations aimed at moving forward in the improvement and development of legislation in the field of public employee discipline and the implementation of the decisions of the Supreme Administrative Court on behalf of right and justice to both management and staff.