The boundaries between the presidential duty of respect and the employee's right to express his opinion - a comparative study -

Abstract

One of the most prominent right enshrined in international treaties and national legislation at the constitutional level is the right to express opinion, given its importance in promoting various human rights, developing thought and evaluating performance. However, in practice, the use of this right often collides with duties and prohibitions that restrict the behavior of individuals and employees (within the scope of public office legislation), so that the use of this rights in public office has become a restriction that may affect the origin of the right. The administration can interpret the employee's behavior as a breach of the duty of respect . On the other hand, the employee can claim that he is exercising his right to express his opinion. This scramble is the result of the overlap between the boundaries separating the duty of the employee to respect the administrative head and the right to express an opinion. This is why many disputes are raised before the administrative and ordinary courts, and although it adjudicates them with rulings that end the dispute, it did not set clear criteria that can be relied upon. In distinguishing between what is rights and what is duty. That is why we found that it is beneficial to delve into this topic and make it a material for our financial research.