An evaluation of disciplinary guarantees of public employees in Libyan law

Electronic versions

Documents

  • Enas A. Zankuli

Abstract

Disciplinary guarantees for public employees in Libyan law appear to be inadequate, and problems with respect to ensuring respect for procedural fairness guarantees for public employees in Libya during the disciplinary process can arise at any point between the first stage of the process -referring an accused employee to investigation until the final stage, which is the employee's right to appeal against a penalty decision. The aim of this study is to evaluate the extent to which Libyan Law guarantees public employees' rights in disciplinary proceedings in a fair manner, together w ith an evaluation of these guarantees in light of selected other countries' jurisprudence. The author will suggest possible solutions that may help to solve some of the problems currently found in Libya's public employment disciplinary system. The thesis begins by providing a full and comprehensive analysis of different aspects of disciplinary procedures and related guarantees for employees in Libyan law, in order to arrive at appropriate solutions that may help to resolve the problems associated with the disciplinary guarantees in Libya law. Although the study provides and analyses relevant aspects of disciplinary guarantees by comparison with Egyptian, Kuwaiti and UK law where appropriate, this is not a comparative study in the traditional sense of the term. In an effort to produce an analytical investigation that will detect defects in Libyan disciplinary law, and in an attempt to implement some so lutions to improve the system, a comparison is made with the above countries' legal systems wherever possible, with contrast being between Libyan law and Egyptian law, as Egyptian law has had a major influence on Libyan law. The study finds that severa l key deficiencies in Libya's disciplinary system for public employment still exist. These anomalies affect how fairly or otherwise public employees are treated, and suggest how such inconsistencies be addressed. Possible solutions are suggested by the author, which could be imp lemented in Libyan law, in an effort to achieve maximum legal guarantees for public employees.

Details

Original languageEnglish
Awarding Institution
Supervisors/Advisors
  • Dermot Cahill (Supervisor)
Thesis sponsors
  • Ministry of Justice Libya
Award date2014