السلطة المختصة بالإحالة إلى التحقـيـق الإداري في التشريع الليبي

Abstract

The main topic of this research revolves around the competent authority to refer the public employee to the administrative investigation, and the legal texts are explicitly in determining these bodies on the one hand, and on the other hand, what is the competent authority in the case of what the employee is subject to dual administrative supervision?   Note that the administrative capacity has its consideration in granting jurisdiction to the power of assignment, which is unanimously considered a cornerstone of the integrity of the administrative decision that may be invoked at all stages of litigation because it is related to public order.

      Therefore, Law No. 12 of 2010 on labor relations came as the legislative basis on which the research was based in studying the basic elements of the organization of jurisdiction.

     Where the research entitled the competent authority to refer to the administrative investigation in the Libyan legislation with a dual structure of two sections, the first took to clarify the competence of the administrative authorities in two requirements, the first of which dealt with the unity of administrative dependency and the second multiple administrative dependency. The second section took over the competence of the parties outside the administrative apparatus through two requirements, the first of which focused on the regulatory bodies, and dealt with the second Preventive bodies.

 The research concluded that the Libyan legislator did not explicitly provide for the determination of the competent authority to refer to the administrative investigation, but entered within the disciplinary jurisdiction of the higher authorities through the general text in the functional laws, and the  jurisdiction of the presidential authority was held in its single and multiple forms in cases of delegation, secondment and transfer, as well as the regulatory authorities in the administrative and financial fields through the Administrative Control Authority.