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The sanction for the administration’s breach to its legal obligation of declaring a reason for the disciplinary action | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 12, Volume 8, Issue 2, 2018, Pages 218-252 PDF (704.15 K) | ||
| DOI: 10.37651/aujlps.2018.172310 | ||
| Author | ||
| Methaq Qahtan Hamid | ||
| Abstract | ||
| This research addresses the breach of the legal obligation to declare written reasons for the disciplinary decisions issued against the public employee. Reasoning the disciplinary decisions is considered a contemporaryguaranteefor disciplinary or disciplined punishment. The administrative judiciaries in the selected countries have taken a position that the disciplinary action should be made even if there are no provisions can be based on. By elaborating the reasons for its disciplinary decisions, the parties will be aware of the basis on which the administration has relied on in its the decisions. the process of reasoning method is considered one of the most important means on which the administrative judge depends on in exercising the power of review over the legitimacy of the disciplinary decision | ||
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