Defining the Administrative Liability of Public Servants for Breaching Official Duties under the Elections Law

Abstract

Public employees undertake duties imposed on them by applicable laws and regulations. Among these laws are the election laws, which oblige the Commission's employees to perform a number of duties that they must comply with, as violating them will lead to their being held administratively accountable. The administration (the Independent High Electoral Commission) is responsible for holding them accountable according to legally defined procedures. Therefore, in our research entitled (Defining the Administrative Responsibility of the Employee for Violating the Job Duties Included in the Elections Law), we shed light on several questions, the most important of which is explaining the administrative responsibility for violating the duties included in the Elections Law and its nature, following the analytical deductive approach. At the end of this research, we reached a number of conclusions, the most important of which is that the basis of administrative responsibility is the job violation and that the Commission's employees undertake duties of an administrative, technical and supervisory nature in addition to the general duties regulated by other laws. We recommended to the legislator several amendments to the laws in force, the most important of which is canceling the penalties related to bribery and electoral fraud and referring them to the Penal Code, as the latter provided greater protection from these actions.