Malakhova, M.A. Specific features of disciplinary responsibility of the territorial public service officers in France.

Abstract: The article is devoted to the analysis of legislation of the Republic of France, which regulates the disciplinary responsibility of the territorial public ofÞ cials, in particular, its procedure and sanctions, as well as procedural guarantees and control over the application of disciplinary responsibility measures. The author studied the laws of the French Republic and other legislative acts on disciplinary responsibility of the public service ofÞ cials, which were accepted during last 25 years. The French legislation lacks the deÞ nition of the “disciplinary offence”, it is viewed as a violation of one of professional or deontological obligations, as prescribed by the General Statute on Public Service or the judicial practice. It should also be noted that the disciplinary offence of a public servant may be constituted by his behavior in his private life, such as alcoholism or drunk driving. There is a scale of disciplinary punishment for the territorial ofÞ cials, and the application of disciplinary punishment is very strictly regulated. It includes the obligatory study of the dossier of an accused ofÞ cial by that ofÞ cial, his ability to use representatives of his choice, obligatory report of the disciplinary council (which is not obligatory for the territorial ofÞ cials). Under the Law N 94-1134 of 27.12.1994 the Departmental and Inter- Departmental Appeals Disciplinary Councils are formed, and they serve as an appellate instance. Accordingly the application of disciplinary responsibility to the territorial public service ofÞ cials in France is characterized by a number of procedural guarantees and double control by the judiciary, which may end up in the disciplinary sanction being cancelled. In spite of lack of legislative deÞ nition of the “disciplinary offence’ the French legislation includes a clear scale of disciplinary sanctions.

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