The Objective Safeguards for Administrative Investigation In Jordanian Legislation
DOI:
https://doi.org/10.18533/jah.v12i05.2374Keywords:
administrative investigatio; investigation file; impartiality;right of defense.Abstract
The study aimed to clarify the extent to which the Jordanian legislator is able to provide objective guarantees related to the administrative investigation, from the time the employee is accused until the issuance of the disciplinary punishment or acquittal, and to prove the importance of impartiality in the administrative investigation. And the importance of separating the accusing party from the investigation team and separating the investigation team from the trial panel.
The study concluded with several results, the most important of which are: The employee's right to view his investigation file is a basic guarantee enjoyed by the accused employee before taking any disciplinary action against him due to a disciplinary error. The Jordanian legislator did not mention the legal texts that stipulate the separation between the indictment body, the investigation body, the investigation body, and the authority that issued the ruling, and this issue is a basic guarantee in the procedures for imposing the disciplinary punishment.
The study came out with several recommendations, including: We want the Jordanian legislator to explicitly stipulate legal texts and legislation regarding the separation between the investigation and prosecution bodies, the investigation body and the judgment-issuing body.
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