The aim of this study is to examine the professional insufficiency as a ground of a decision of the French Council of State and the Administrative Appeallate Courts dismissing a public employee a part from the disciplinary measures.
The study indicated that the dismissal of a public employee for professional insufficiency is not restricted to the conduct and behavior exercised by that employee while discharging his job duties or his failure to have good relation with his superiors or colleagues. Due to the dangerous consequences of such dismissal the French lawmaker has provided for a number of guarantees to protect the employee against this type of dismissal such as payment of financial remedies and has, further, stressed that the disciplinary measures should first be applied before such dismissal should come into effect. The French lawmaker has also stressed that a public employee shall not be dismissed for professional insufficiency unless the administration of his department failed to place him in another position or retire him on pension.
The supervision of the administrative judicature over such type of dismissal extends to include even the legal grounds justifying the dismissal for professional insufficiency.
"Professional Insufficiency as a Ground of Dismissal from a Public Post: “A study of the Decisions of the French Council of State & the Administrative Appealate Courts”,"
UAEU Law Journal: Vol. 2005:
23, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2005/iss23/6