English abstract
Judicial Supervision on the administrative accountability is one of the most important guarantees for the public employee against whom the administrative punishment decision is issued due to the independence and impartiality characteristics enjoyed by the judiciary. This study has sought to answer the following questions: - Who is the Public Employee? - The Public Employee's duties and prohibitions in the Omani
Civil Service Law.
- What are the kinds of Administrative Accountability Competent
Authorities?
- What is the regulation adopted by the Omani legislator on defining these Accountability competent
Authorities?
- What are the guarantees for the public employee referred to the
administrative accountability
- How the judicial supervision is made on the administrative accountability based on the grounds of the lawsuit to review the administrative decision in the Omani Legislation? Does the Omani administrative Judiciary control the exaggeration in the administrative punishment? If it is doing so; could it replace the management and impose the appropriate administrative punishment on the employee or it cancels the exaggerated punishment only?
To answer these questions and other questions in the subject of this thesis; the researcher has referred to the Omani Civil Service Law, its executive regulation and many other enforceable laws and regulations related to the subject of this thesis, in addition to the Law of the Administrative Justice Court. Furthermore and as this study is an empirical judiciary study; the researcher reviewed the Law precedents of the Omani Administrative Justice Court in its judicial inspection for the administrative accountability compared with the Egyptian Legal and Judicial system.
This thesis comprises three chapters preceded by an introductory chapter in which the researcher spoke about who is the public employee legally, juristically and judicially. Then, he addressed, in the first chapter, the Public Employee's duties and prohibitions and the administrative accountability competent authorities including the executive authority, the Administrative Accountability Council and the Central Council for Administrative Accountability.
As for Chapter Two of the thesis, it addressed the guarantees for the public employee referred to the Administrative Accountability, whether they are precedent, related or consequent to imposing the administrative punishment.
The third chapter of the thesis included the aspects of the Omani administrative justice supervision on the Administrative Accountability. It addressed the various aspects and grounds of the lawsuit to review the administrative decision including the lack of jurisdiction defect, the form defect, the causation defect, the defect of violating the laws or regulations, erring in its application or interpretation or what is called in the Administrative jurisprudence as "The Object Defect". This chapter also includes a brief history about the inception and development of Judicial Supervision proportionally between the violation and the administrative punishment in Egypt and the Sultanate of Oman; in addition to the researcher's point of view regarding this supervision as a means to limit the discretion of the administrative accountability authorities.
This study came out with a conclusion that addressed the most important results reached by the study and the recommendations of the researcher, the most important of which is the necessity of creating more than one level for the executive authority. This authority shall not be limited to the unit head. The researcher also recommended effecting an amendment for the formation of the respective accountability councils through determining the members by their occupational capacities. It is also required that these members should include one judicial or legal members at least. The researcher also recommended to clearly provide for in the Civil Service Law that it is not permissible to stop paying half of the salary during the period of extending the precautionary suspension from work. He recommended also the Egyptian and the Omani Legislators to add the exaggeration in punishment as a defect of the administrative decision.
