The role of the principle of confrontation in achieving legal security for the public employee in the disciplinary field.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

It is well established in jurisprudence and jurisprudence, that the employee must be informed before imposing the penalty, with a degree of guarantees dictated by general legal principles, and without the need for a text that determines this in all criminal and disciplinary trials, whatever its field of work, and therefore there is a degree of essential guarantees that must be available as a minimum before imposing any disciplinary sanction, and this amount is dictated by abstract justice, the conscience of fairness and public principles in trials, even if there is no text on it,  This is inspired by the primary principles established by the laws on procedures in criminal or disciplinary trials, since the disciplinary decision is in fact a punitive judiciary in respect of administrative guilt. These guarantees are represented in the need to confront the worker with the violations attributed to him, and to interrogate or investigate him by the legally competent authority. The proper disciplinary investigation requires that its procedures be considered one of the investigation procedures in its technical sense to be based on basic components, and perhaps the most important of these components or guarantees is the idea of writing down or writing all investigation procedures.

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