利比亚法律中的职业晋升制度

عثمان التوهامي
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引用次数: 0

摘要

研究人员通过他在大学法律系的工作以及在法学院教授行政法和行政司法课程指出,在所有组织中,雇员的职业晋升存在许多问题,由于这些决定的性质,工作人员的自由裁量权和权利重叠。这就把一般权威置于行政正义的实施和职能权利的授予之间。在本文中,研究者讨论了立法者为提升所设定的基本条件,以及对行政行为的行政和司法监督。特别是,通过对法律条文和司法决定的外推,研究了该部用于授予职业晋升的行政程序,以及与这些决定有关的问题,以及立法者核可了哪些保证,以确保该部不偏离其权力与公共利益。此外,对员工获得职业权利的司法保障,这在两个方面进行了研究:一是关于晋升的定义及其条件,二是关于职业晋升的行政和司法保障。
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The system of career promotion in Libyan law
The researcher noted، through his work in the legal department of the university and also through his teaching of the courses of administrative law and the administrative judiciary of the Faculty of Law، that there are many problems related to career promotions for employees in all organizations، And due to the nature of these decisions, the discretion and rights of the staff member overlap, which puts the general authority in between applying administrative justice and the granting of functional rights. In this paper, the researcher discussed the basic conditions set by the legislator for promotion as well as administrative and judicial oversight of the administration's actions. In particular، through extrapolation of legal texts and judicial decisions, the administrative procedures used by the Department for the granting of career promotions were studied as well as the problems associated with these decisions and what guarantees are approved by the legislator to ensure that the Department does not deviate its authority from the public good. Also, judicial guarantees for employees' access to their occupational rights, this was done in two researches: the first is about the definition of promotion and its conditions and the second is about the administrative and judicial safeguards for career promotion.
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