حدود رقابة القاضي الإداري على السلطة التقديرية للإدارة في المادة التأديبية

Abstract

This study examines the limits of the administrative judge’s review of the management’s discretionary power in disciplinary matters, as one of the most important legal issues arising from the need to balance respect for the management’s discretionary authority and the protection of rights and freedoms. The importance of this topic lies in the fact that discretionary power enables the management to choose the most appropriate means to achieve the public interest; however, its exercise may sometimes lead to a breach of the principle of legality or to a form of abuse of power. Accordingly, the study aims to identify the legal foundations relied upon by the administrative judge in exercising review, particularly through the review of legal classification, the review of cause, the review of proportionality, as well as the review of manifest error in assessment. The study concludes that the administrative judge is no longer limited to a formal review of the management’s acts, but has instead expanded the scope of review in a way that achieves a balance between protecting the management’s discretionary power and safeguarding the fundamental rights and freedoms of individuals.