Disciplinary matter, nominations and dismissal

Disciplinary Law, Appointments and Deportation

Disciplinary regulation is understood to mean the sanctioning power that the leaders of a particular social group have to punish members of that group who have violated their obligations precisely because of membership of that group.

IArtemisia Gentileschi: Suzanna e i vecchioni (previously fornication)mage caption

Different professional professions therefore have their own disciplinary system, such as lawyers, civil-law notaries, doctors, civil servants, ...

The main purpose of disciplinary law is to prevent malpractices and, if incidents do occur, to punish them. The sanctions linked to disciplinary law can range from very light (eg reprimand) to very severe (eg prohibition of practicing an occupation).

A very extensive case law has arisen at the Council of State, which supervises these matters (after first having gone through any existing internal appeal regulations). This Council is very careful to ensure that decisions are properly reasoned or not unreasonable, in general, whether they are sufficiently in accordance with the principles of good administration.

It is also the case that in civil service law the government must also proceed very carefully when appointing civil servants. The government should compare all "titles and merits" of the candidates and then make a choice based on legal motives. The same therefore applies to other decisions in civil service law, such as deposition or suspension. If certain principles and / or formalities are not respected, the decision taken is disputable.

These regulations form a legal system in itself with several different legal rules. Knowledge of the various regulations can be important in case of problems.

So it is certainly useful to obtain legal information on this matter.