Publication: (نظرية الموظف الفعلي وتطبيقاتها في فلسطين) The Theory Of The Actual Employee And Its Applications In The Palestinian Law.
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Date
2023
Journal Title
Journal ISSN
Volume Title
Publisher
Sciences Gates Sdn Bhd
Abstract
The theory of the actual employee aims at preserving the considered interest
of the bona fide third party with his dealings with the administrative
authorities, and not preserving the interests of those authorities or the
employees themselves as usual in the laws. The Palestinian legislation did not
address this theory and there is a difference between the actual employee and
the actual government, where employees are considered The latter are legal
employees with full competence and authority, and there are no real
applications of the theory of the actual employee in the Palestinian judiciary,
whether in Gaza or the West Bank, as the theory does not apply to most
emergency practical cases in the Palestinian case that result from the hateful
political division. This study recommends that the administrative judiciary
should pay attention to the work of this theory whenever the good faith interest
of others requires it. It also recommends not to cite this theory regarding the
employees of Gaza after the division, as it does not apply to them on the one
hand, and on the other hand, it does not help them in obtaining their rights as
official employees. Directing graduate students to research this theory with
their theses. And intensify research and awareness on administrative theories
appropriate to the exceptional Palestinian situation.
Description
Keywords
Theory of actual employee, Law, Palestinian law