Disciplinary Sanctions in the Jordanian and French Law

Abstract

This study deals with an important administrative issue which is the Disciplinary Sanctions in the Jordanian and French Law, as we know in the administrative laws there is no exclusive enumeration of the actions constituting disciplinary violation in occupational legislation, and hence any dereliction on the part of a public servant in his positive or negative obligations may constitute errant conduct, and therefore the matter is up to the administrative authority to make a determination whether the conduct of the employee constitutes a disciplinarian violation necessitating disciplinary punishment or not, and the onus is also upon the administrative body to prove the occurrence of the act of violation. In this case, the public administration may misuse its powers and privileges granted to it by the Jordanian and French legislators and harm the public employee by issuing disciplinary administrative decisions that contradict administrative legislation. Therefore, there must be judicial oversight of administrative decisions in this case. Therefore, his study deals with codified disciplinary penalties in Jordanian law, by standing on the principle of the legitimacy of disciplinary punishment, by defining codified disciplinary punishment, stating its objectives and legal divisions, and finally stating the position of the administrative judiciary on disciplinary penalties.