الوضعيات الأساسية للموظف العمومي بين التشريع والاجتهاد القضائي الاداري

Abstract

Summary : As soon as the public employee is appointed and ordained, he enjoys a set of rights and obligations guaranteed to him by the Basic Law of Public Service No. 06- 03, but the legal and organizational nature that links the employee to the administration requires him to be in full compliance with the provisions of the Basic Law that applies to him. The legislator, within the provisions of Article 127 of Ordinance 06-03, has five positions called the basic legal positions of the employee, which are: the position of performing the service and branching from it the position at the disposal of which the provisions of Executive Decree No. 20-373 separated, the position of assignment, the position outside the framework, and the position of deposit And finally, the status of national service. These situations require, through their diversity and the consequences thereof, the need to reconcile the solidity of the rules governing the conduct of administrative interests, and the flexibility justified by the necessities of normal life. Excessive use of the first may lead to the inclusion and paralysis of the administrative system, and in turn, excessive use of the second leads to chaos. And encouraging the phenomenon of flight outside the administrative apparatus. In order to preserve the interests of the administration and the public servant alike, the legislator organized these positions within the provisions of Chapter Six under the title: “The basic legal positions of the employee and his movements, from Articles 128 to 155 of Ordinance 06-03 Containing the Basic Law of Public Service.