المسؤولية الإدارية والجنائية عن إساءة استخدام السلطة في مؤسسات التعليم العالي

Abstract

The responsibility of employees in educational institutions is defined by identifying the obligations of accountability and their underlying reasons, which impose a duty on higher education employees; error is considered the basis of this responsibility. The law and sound logic impose liability on anyone who commits a fault, whether personally or through subordinates. That person must rectify the harm caused by the fault, regardless of whether the fault is of an administrative or criminal nature. This requires examining the legal basis for each type of liability to determine the relationship between them, and the basis of accountability lies in examining the reasons that justify the employee’s commitment to the position, on the premise that the employee is considered the instrument through which the state manages its activities and performs its duties. If the employee fails to carry out the duties entrusted to him, this negatively affects the performance of the public facility, and this may cause material or moral harm to the beneficiaries of these services, giving rise to tort liability for which the employee is responsible. Consequently, a relationship has emerged between disciplinary and criminal liability in public service, and a dual role has arisen for the public administration, which is both the authority responsible for imposing disciplinary sanctions and the supervisory body for public employees.