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العنوان
الأمن القانوني في مجال تأديب الموظف العام :
المؤلف
المزروعي، عبدالله بن خلفان بن عبدالله بن خلفان.
هيئة الاعداد
باحث / عبدالله بن خلفان بن عبدالله بن خلفان المزروعي
مشرف / وليد محمد الشناوي
مناقش / محمد مصباح محمد الناجي
مناقش / محمد مصباح محمد الناجي
الموضوع
الامن الوظيفي.
تاريخ النشر
2024.
عدد الصفحات
338 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2024
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 338

from 338

المستخلص

The principle of legal security is one of the most important foundations on which the building of the legal state is based, as the idea of ​​legal security means the necessity of the public authorities in the state’s commitment to achieving a degree of relative stability for legal relations and a minimum level of stability for the various legal positions with the aim of spreading security and reassurance among the parties to legal relations, so that people can act with confidence guided by the existing legal rules and regulations at the time of carrying out their work and arranging their situations in light of them, without being exposed to surprise or sudden actions issued by the public authorities that would destabilize this reassurance or undermine this stability, which means that legal security has become a principle and a necessity in the state of law, considering that the legal rule must be based on legal security, and in general we can say that the meaning of legal security is the goal of the law, and a normative value, the function of which is to secure the legal system from formal and substantive legislative imbalances and defects, which requires the enactment of legislation that must be characterized by clarity in its rules. The theory of legal security is not a recent one. As an example, Germany was the first to refer to it and mention it since 1961. Thus, the Constitutional Court confirmed this principle and since then it has become a constitutional principle that is supreme and unsurpassed. It was also enshrined by the European Court of Justice in 1962 under the phrase “legitimate trust,” which is consistent with the theory of legal security. This is what the European Court of Human Rights produced since 1681. Therefore, disciplinary punishment is one of the basic pillars of disciplinary law in various countries of the world, along with disciplinary crime and disciplinary procedures. It is the final stage of disciplinary accountability that ends with conviction. In this capacity, it constitutes the ultimate goal that disciplinary law seeks to achieve, which is to ensure the smooth running of public services in the state regularly and steadily and to secure public order in the functional society. This fact requires that disciplinary punishment have a legal system that is strict in its rules and takes into account establishing a fair balance between the effectiveness of punishment on the one hand, and the guarantees of its application to state employees on the other hand.