What is it about?

Disguised disciplinary sanctions are methods used by public administrators or decision-makers to punish a public servant despite the latter not having violated regulations or laws. Instead, such punishment is motivated by personal resentments. The administration may impose arbitrary decisions on their employees while claiming that said decisions serve the public interest, hiding their true intentions. This study employs a descriptive-analytical method to shed light on the position of the Jordanian and French administrative judicial authorities on disguised disciplinary sanctions. The study considers and compares the relevant laws and jurisprudence of judicial authorities in Jordan and France; it further determines the role of these authorities in revealing disguised sanctions absent a specified list of disciplinary violations in the Civil Service Regulations in both jurisdictions.

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Why is it important?

This study sheds light on forms of abuse of authority where administrators employ illegitimate methods to punish public servants without going through the proper procedures. This issue impacts a large amount of employees, thus, we study the methods courts use to unmask disguised sanctions and deal with them, and present examples of the applications of disguised sanctions.

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This page is a summary of: Disguised Disciplinary Sanctions and Public Service in Jordanian and French Law, Arab Law Quarterly, November 2022, Brill, DOI: 10.1163/15730255-bja10124.
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