The Impact of The Illegal Administrative Decision on Job Obligations

Abstract

It is agreed that administrative decisions have a legal effect that changes the legal positions of the public employee, whether negatively or positively. They also have another effect, which is the material effect, which means transforming the content of the administrative decision into practical reality.

A public employee must perform specific tasks; In order to ensure the proper functioning of public facilities, these tasks and duties are not specific and exclusive, but rather they are general duties resulting from the nature of the public job. If he violates them, he exposes himself to accountability and discipline.

The obligations of the public employee are the second part of his legal status. Although they were originally imposed on him by the text of the law, the administration has a major role in imposing them by managing the public facility and distributing tasks among employees, by issuing administrative decisions that include distributing tasks and imposing obligations. These decisions must be issued in accordance with the objective and formal conditions specified by law. If they violate this, they are considered defective due to the defect of illegality and are therefore subject to cancellation.