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العنوان
شرعية الإجراءات التأديبية /
المؤلف
إبراهيم، عمرو حسن رياض.
هيئة الاعداد
باحث / عمرو حسن رياض إبراهيم
مشرف / محمد عبد الحميد أبو زيد
مشرف / عبدالعليم عبدالمجيد مشرف
مشرف / محمد رشاد عمران
الموضوع
الإجرات التأديبية. الدعوى المدنية. الدعوى التأديبية. المحاكم التأديبية. قانون الإجراءات المدنية والتجارية المقارن.
تاريخ النشر
2011.
عدد الصفحات
684 ص. :
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
الناشر
تاريخ الإجازة
10/10/2011
مكان الإجازة
جامعة بني سويف - كلية الحقوق - قانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 702

from 702

المستخلص

The principle of legality is the cornerstone of the disciplinary system in general
The ways to examine the legality and because of their importance and necessary in the definition of employee and be enlightened with its, and its rights and duties and define the limits of the procedure to be followed in disciplining them, so as not to Cht management in dealing with the employee when the transmission to the investigation, due to management control of the investigation, because the assignor to the investigation and who signs the administrative punishment within the one person who is the administrative head.
Thus, the administration party in the dispute management is therefore stronger than the other party is the employee, because they have a lot of documents and information in their possession, and have a decisive impact in guiding the conduct of administrative proceedings either before
the investigation or trial, as it has the presumption of appropriate administrative decisions, where they are supposed to conform to the law to the contrary is proved, and also of the administrative authority of the many privileges to the employee .
This is what was called the Constitutional Council in France to match the sanctions assigned to a management need for the availability of guarantees enjoyed by the individual to criminal justice .
That States sought to create a disciplinary system to ensure a balance between the benefits which must be characterized by discipline, in order to achieve its objectives of deterrence and regularity of the workflow, and the logic of security which must be available to the employee the offender at all stages of discipline to prevent the tyranny of disciplinary authority and the deviation authority vested in them to calculate the limited class of well-connected man
Close associates and affiliates of it. There is no doubt that the success of the disciplinary regime - depends to a large extent - the extent to reconcile the legislature to establish a balance between these considerations .
from this point I was selected for the subject is ”the legitimacy of disciplinary action” and begin disciplinary procedures of the public employee accused employee crime disciplinary, so that in the absence of crime is found discipline, and if he commits the crime of disciplinary proceedings begin disciplining the public employee referred to the disciplinary authority competent to investigate and take number of disciplinary proceedings under the laws governing the discipline or through the provisions of the Courts
Search Scope:
Given the multiplicity of sects staff, this research is limited to civil servants in the country according to law No. (47) for the year 1978, not including public sector
employees and workers under the labor law except to the extent which serves the requirements of the necessary scientific research, the main focus of this study is the procedure for disciplining public employee in the Egyptian law, and will offer in comparison with the French law.
Research plan:
We start our study to address the issue of the legitimacy of disciplinary proceedings with an introductory chapter in which we take from the study of the principle of legitimacy because of its importance in the field of discipline, and the introductory chapter is followed by three sections are as follows:
Part I: sources of legitimacy of disciplinary proceedings. This section is divided into two chapters, namely: -
Chapter I: - sources of legitimacy of disciplinary action Vyaleghanon French.
Chapter Althaty: - sources of legitimacy of disciplinary proceedings in Egyptian law.
Part II: the legitimacy of administrative
disciplinary proceedings. This section is divided into two chapters, namely: -
Chapter I: - the competent authority to initiate an administrative investigation.
Chapter Two: - guarantees the administrative investigation.
Part III: the legitimacy of judicial disciplinary proceedings. And Enevsm this section into two, namely: -
Chapter I: - Disciplinary proceedings judicial in France.
Chapter Two: - Disciplinary proceedings judicial in Egypt.
This has been finished to the most important recommendations that have been learned through research
.
The principle of legality is the cornerstone of the disciplinary system in general
The ways to examine the legality and because of their importance and necessary in the definition of employee and be enlightened with its, and its rights and duties and define the limits of the procedure to be followed in disciplining them, so as not to Cht management in dealing with the employee when the transmission to the investigation, due to management control of the investigation, because the assignor to the investigation and who signs the administrative punishment within the one person who is the administrative head.
Thus, the administration party in the dispute management is therefore stronger than the other party is the employee, because they have a lot of documents and information in their possession, and have a decisive impact in guiding the conduct of administrative proceedings either before
the investigation or trial, as it has the presumption of appropriate administrative decisions, where they are supposed to conform to the law to the contrary is proved, and also of the administrative authority of the many privileges to the employee .
This is what was called the Constitutional Council in France to match the sanctions assigned to a management need for the availability of guarantees enjoyed by the individual to criminal justice .
That States sought to create a disciplinary system to ensure a balance between the benefits which must be characterized by discipline, in order to achieve its objectives of deterrence and regularity of the workflow, and the logic of security which must be available to the employee the offender at all stages of discipline to prevent the tyranny of disciplinary authority and the deviation authority vested in them to calculate the limited class of well-connected man
Close associates and affiliates of it. There is no doubt that the success of the disciplinary regime - depends to a large extent - the extent to reconcile the legislature to establish a balance between these considerations .
from this point I was selected for the subject is ”the legitimacy of disciplinary action” and begin disciplinary procedures of the public employee accused employee crime disciplinary, so that in the absence of crime is found discipline, and if he commits the crime of disciplinary proceedings begin disciplining the public employee referred to the disciplinary authority competent to investigate and take number of disciplinary proceedings under the laws governing the discipline or through the provisions of the Courts
Search Scope:
Given the multiplicity of sects staff, this research is limited to civil servants in the country according to law No. (47) for the year 1978, not including public sector
employees and workers under the labor law except to the extent which serves the requirements of the necessary scientific research, the main focus of this study is the procedure for disciplining public employee in the Egyptian law, and will offer in comparison with the French law.
Research plan:
We start our study to address the issue of the legitimacy of disciplinary proceedings with an introductory chapter in which we take from the study of the principle of legitimacy because of its importance in the field of discipline, and the introductory chapter is followed by three sections are as follows:
Part I: sources of legitimacy of disciplinary proceedings. This section is divided into two chapters, namely: -
Chapter I: - sources of legitimacy of disciplinary action Vyaleghanon French.
Chapter Althaty: - sources of legitimacy of disciplinary proceedings in Egyptian law.
Part II: the legitimacy of administrative
disciplinary proceedings. This section is divided into two chapters, namely: -
Chapter I: - the competent authority to initiate an administrative investigation.
Chapter Two: - guarantees the administrative investigation.
Part III: the legitimacy of judicial disciplinary proceedings. And Enevsm this section into two, namely: -
Chapter I: - Disciplinary proceedings judicial in France.
Chapter Two: - Disciplinary proceedings judicial in Egypt.
This has been finished to the most important recommendations that have been learned through research
.