التفويض الإداري: السلطة الاصيلة والسلطة المفوضة

Abstract

The research is related to the nature of the decision to refer to the administrative investigation not as issued by the authority vested in it by legislation, but rather by the delegated administration through the special or public legal license.  

          The research entitled delegation in the referral to the administrative investigation consists of two basic sections: the first of which was to clarify the concept of administrative delegation and its images through two requirements. The second is a general vision of the limits of the original authority to authorize referral to administrative investigation through two requirements.

          Perhaps one of the most important findings of the research is that the Libyan legislator did not explicitly provide for a special law on the authorization of the delegation of the decision to refer to the administrative investigation, which prompted part of the  jurisprudence to say - supported by  the provisions of the judiciary - the possibility of  relying on the general text in the administrative delegation, while others say that it is not permissible to authorize unless there is an explicit text that allows it.

          Finally, we believe that the authorization to refer to the administrative investigation should not include all disciplinary violations, but rather be limited to violations of the reduced penalty such as warning, blame or deduction from salary.