Public Law

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Browsing Public Law by Author "Alaa mohammad asmer"

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    Administrative Investigation In Palestinian Civil Service A comparative study
    (2012) Alaa mohammad asmer; Dr. Muhammad Sharaka; Dr. Ghazi Dewekat
    In this study, the researcher subject of an administrative inquiry in the civil service Palestinians, where there are problematic in this study on the legal framework Governing the process of administrative investigation and the extent of the coherence and agglutination legal architecture of the framework, where the researcher used in this study, comparative method, by comparison Palestinian legislation counterpart in the Egyptian legislation and demonstrate the difference in some of the issues. This study was divided into two chapters, the first entitled proceedings administrative investigation in the Palestinian civil service , and the intended action administrative investigation is how to begin the process of administrative investigation and what are the stages of this process, the investigation is administrative, like any other administrative process by decree under the law to commit by the administrative body entrusted by investigating the behavior of this road, and in this chapter was a researcher for referral for investigation is the first step that begins the administrative investigation and that in (Section I), disciplinary procedures begins towards the employee to be referred for investigation, and in this section the researcher showed the competent authority of the assignment to investigate the (first requirement) and precautionary measures against the employee assigned to investigate, in the (second requirement). In the second section of this chapter the researcher talked about directing administrative investigation, after the decision of referral for investigation phase of the stages of the investigation a direct inquiry to the employee, and in this section the researcher direct mechanism administrative investigation, in the (first requirement) and act to investigate the (second requirement). In the second chapter of this study the researcher presented the guarantees of the public employee in the process of administrative investigation in the Palestinian civil service the, where the guarantees are divided into disciplinary procedural safeguards and guarantees of objectivity, and these guarantees are integrated with each other to achieve one goal is to provide confidence and reassurance to the employee assigned to investigate, and in the this chapter presented the researcher to the procedural safeguards in (Section I), which can be defined as the guarantees relating to the form action to investigate and does not involve investigation, do not extend to the subject of the investigation, a charge against the employee assigned to investigate, and in this section the researcher showed the written form of inquiry and in the (first requirement), in addition to the adversarial nature of the administrative and investigative procedures in the (second requirement). The second section of this chapter has dealt with the researcher objective guarantees, with reference to the difficulty of complete separation between procedural safeguards and guarantees of objectivity, it is difficult to separate the procedural safeguards for objective guarantees some guarantees can be procedural and substantive at the same time, and this result is characterized in general by the administrative law are year is characterized by mixing objective side with procedural side, objective guarantees are guarantees on the subject of administrative investigation, which touches the subject of the charge against the employee, and the most important objective guarantees that he suffered a researcher in this section is the impartiality of the investigation in (first requirement), as well as to ensure the right of defense and this is what would be researcher (second requirement), where he was a researcher controls the exercise of the right of defense and the limits of this right. Through the study of legislation governing the administrative investigation process in Palestine, it is revealed there are some shortcomings in these texts, and through comparison with the Egyptian legislation show that the Egyptian legislation more accurate than his Palestinian counterpart, which exceeded many of the legal issues that overlooked the Palestinian legislator. The disciplinary regime in Palestine is narrower than his Egyptian counterpart, do not exist for tighter disciplinary or disciplinary councils or administrative prosecution, and the authority granted to the point of investigation in Palestine are limited and are associated with Balelzam which is a hindrance to the work of these bodies, this hand on the other hand, the Palestinian legislation detracted from the guarantees of the disciplinary officer in the process of administrative investigation, unlike the Egyptian legislature, which has strengthened these guarantees and regulations and in accordance with the provisions of the law. The researcher suggested some recommendations for the treatment of the problem of the researcher and the results that emerged during the study, which rotates as a whole around the prescribed legal system governing the disciplinary process management, including the investigation, so that there is regulation legislation consistent and able to control the process of administrative investigation, similar to his Egyptian counterpart.