Disciplinary systems in the countries of the world a comparative study Research extracted from a PhD thesis

Abstract

Abstract: Civil service legislation organized a set of positive and negative duties that the public employee has a duty to respect, for the purpose of achieving the goals for which public utilities were found, and therefore the need has arisen to provide a means that enables the administration to impose respect for those duties on the employee, and from here it created disciplinary systems in the world. Each country organizes its own disciplinary law in accordance with its constitutional identity and its own philosophy, and thus this led to a divergence of disciplinary systems in the countries, as systems emerged assigning the task of directing the accusation and imposing punishment against the employee to the management body alone without obligating it to seek the assistance of any other party or take its opinion, so the presidential system appeared in Disciplining, while some other countries went to compel the administration to consult a specific party or body and it is in the process of holding the employee accountable for the violation attributed to him, even if its opinion is different. sometimes binding, A quasi-judicial disciplinary system appeared, and other countries went to complete separation between the powers of accusation and imposition of punishment, and disciplinary courts were introduced to investigate the employee accused of a violation and impose the punishment against him after the administration was satisfied with directing the charge against him, so the judicial system appeared in discipline. The study aimed to present the disciplinary systems in the world by showing what they are as well as the advantages and disadvantages of each system and diagnosing the effectiveness and guarantee it provides, by dividing the study into three sections. © 2023 TUJR, College of Law, Tikrit University