مجلة البحوث في الحقوق والعلوم السياسية
Volume 11, Numéro 2, Pages 1007-1021
2025-12-25

The Principle Of Gradualism, A Legislative Control For The Fairness Of Disciplinary Punishment

Authors : Aichouba Ammar .

Abstract

The Algerian legislator required the disciplinary authorities to adopt a rule grading disciplinary penalties, seeking to achieve a kind of proportionality between the disciplinary error committed by the public employee and the disciplinary penalty imposed on him, as one of the most important guarantees established for the public employee, through formulating a scale of disciplinary penalties so that they are graduated from the least severe to the most severe. This legislative progression regarding disciplinary penalties is a reflection of the legislator's desire to force the disciplinary authority to select a just punishment; rationality, justice, fairness, and the skill of drafting legislation will all be taken into consideration.

Keywords

penalty gradation, guarantee, employee, legislator, justice.