تأديب الموظف بين سلطة الإدارة و رقابة القضاء

Abstract

Abstract : The Algerian law-maker has classified, according to the Order N°06/03 comprising the general status of the public job, the professional errors and the disciplinary sanctions to four degrees, taking into consideration in his classification of the professional errors the principle of graduation starting by the less serious to the most serious, and in the classification of the disciplinary sanctions the criterien of tensity in corelation with the seriousness of the professional errors. He also defined the procedures followed in the implimentation of these disciplinary sanctions, which in case of failure in respecting these procedures the unlawful of these disciplinary sanctions. Due to the fact that these disciplinary sanctions are executed according to a decision from the competent disciplinary authority, it is therefore under the control of the administrative judge considering its ligitimacy like the other administrative decisions. This control can be called through a cancellation appeal. This control focuses on the defeciencies of the formal ligitimacy and the objectif ligitimacy of the disciplinary decision of the state employee. administrative judge , administrative decisions , cancellation appeal , defeciencies of the formal ligitimacy , defeciencies of the the objectif ligitimacy.