{"title":"约旦和法国法律中的变相纪律制裁和公共服务","authors":"Omar Mahmoud A’amar, N. Alhendi","doi":"10.1163/15730255-bja10124","DOIUrl":null,"url":null,"abstract":"\nDisguised disciplinary sanctions are methods used by public administrators or decision-makers to punish a public servant despite the latter not having violated regulations or laws. Instead, such punishment is motivated by personal resentments. The administration may impose arbitrary decisions on their employees while claiming that said decisions serve the public interest, hiding their true intentions. This study employs a descriptive-analytical method to shed light on the position of the Jordanian and French administrative judicial authorities on disguised disciplinary sanctions. The study considers and compares the relevant laws and jurisprudence of judicial authorities in Jordan and France; it further determines the role of these authorities in revealing disguised sanctions absent a specified list of disciplinary violations in the Civil Service Regulations in both jurisdictions.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Disguised Disciplinary Sanctions and Public Service in Jordanian and French Law\",\"authors\":\"Omar Mahmoud A’amar, N. Alhendi\",\"doi\":\"10.1163/15730255-bja10124\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nDisguised disciplinary sanctions are methods used by public administrators or decision-makers to punish a public servant despite the latter not having violated regulations or laws. Instead, such punishment is motivated by personal resentments. The administration may impose arbitrary decisions on their employees while claiming that said decisions serve the public interest, hiding their true intentions. This study employs a descriptive-analytical method to shed light on the position of the Jordanian and French administrative judicial authorities on disguised disciplinary sanctions. The study considers and compares the relevant laws and jurisprudence of judicial authorities in Jordan and France; it further determines the role of these authorities in revealing disguised sanctions absent a specified list of disciplinary violations in the Civil Service Regulations in both jurisdictions.\",\"PeriodicalId\":43925,\"journal\":{\"name\":\"Arab Law Quarterly\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2022-11-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Arab Law Quarterly\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15730255-bja10124\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arab Law Quarterly","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15730255-bja10124","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Disguised Disciplinary Sanctions and Public Service in Jordanian and French Law
Disguised disciplinary sanctions are methods used by public administrators or decision-makers to punish a public servant despite the latter not having violated regulations or laws. Instead, such punishment is motivated by personal resentments. The administration may impose arbitrary decisions on their employees while claiming that said decisions serve the public interest, hiding their true intentions. This study employs a descriptive-analytical method to shed light on the position of the Jordanian and French administrative judicial authorities on disguised disciplinary sanctions. The study considers and compares the relevant laws and jurisprudence of judicial authorities in Jordan and France; it further determines the role of these authorities in revealing disguised sanctions absent a specified list of disciplinary violations in the Civil Service Regulations in both jurisdictions.
期刊介绍:
The leading English-language legal publication in its field, Arab Law Quarterly covers all aspects of Arab laws, both Shari"a and secular. Now in its third decade, it provides an important forum of authoritative articles on the laws and legal developments throughout the twenty countries of the Arab world, notes on recent legislation and case law, guidelines on future changes, and reviews of the latest literature in the field. Particular subject areas covered are Arab laws in trans-national affairs, commercial law, Islamic law (the Shari´a), and international comparative law.