Personal Application - the Basis for Dismissal of a Public Servant

Authors

  • Khatuna Loria

DOI:

https://doi.org/10.60131/jlaw.2.2023.7705

Keywords:

Personal Application, Declaration of Will, Dismiss.

Abstract

The dismissal of a public servant based on a personal application is a discretional (optional) ground for dismissal which is related to the right of a person. It is a refusal of service but on the other hand, it obligates a public institution to obey a choice of a person. The article reviews the issues followed by the dismissal of a public servant on this basis. It also highlights the freedom of an officer's will, the purpose of protecting the interest of public service, and judicial practice, and the restriction of the right to dismiss the personal application.

Author Biography

Khatuna Loria

Doctor of Law, TSU, Faculty of Law, Associate Professor.

References

Constitution of Georgia, Departments of the Parliament of Georgia, 31-33, 24/08/1995 (in Georgian).

Organic Law of Georgia, Labor Code of Georgia, 75, 27/12/2010 (in Georgian).

Law of Georgia on Civil Service, 2015 (in Georgian).

Law of Georgia on Public Service, Department of the Parliament, 45, 21/11/1997 (repealed on 27.10.2015, No. 4346) (in Georgian).

General Administrative Code of Georgia, LHG, 32(39), 15/07/1999 (in Georgian).

Resolution No. 627 of the Government of Georgia on approval of the concept of public service reform and some related measures, 11/19/2014 (in Georgian).

Estonian Civil Service Act.

statistics on public service, http://csb.gov.ge/media/3513/897787.pdf [21.09.2023] (in Georgian).

Biolingi H., Lutringhaus P., Systematic analysis of the foundations of separate requests of the Civil Code of Georgia, 2009, 30 (in Georgian).

Chanturia L., Introduction to the general part of the civil law of Georgia, Tbilisi, 1997, 313 (in Georgian).

Cardona F., Support for Improvement in Governance and Management, A joint initiative of the OECD and the European Union, principally financed by the EU, Integrating National Administrations into the European Administrative Space, Budva, Montenegro, 2009, 7.

Kereselidze D., Chachava S., Zaalishvili V., Shvelidze Z., Meskishvili K., Commentary on the Labor Code of Georgia, Tbilisi, 2023, 551 (in Georgian).

Kharshiladze I., Kasradze I., Guarantees of the legal protection of civil servants, Georgian-German Journal of Comparative Law, 12/2022, 21-22 (in Georgian).

Ludwig von Mises, Bureaucracy, 1944, 119-120.

Rensen H., Brink S., Linien der Rechtsprechungdes Bundesverfassungsgerichts – erörtert von den wissenschaftlichen Mitarbeitern, Berlin, 2009, 244-246.

Rosenbloom D.H., Kravchuk R.S., Clerkin R.M., Public Administration, Understanding Management, Politics, and Law in the Public Sector, 2015, 483, 546, 552-553.

Shvelidze Z., Bodone K., Todria T., Khazhomia T., Gujabidze N., Meskhishvili K., Labor Law of Georgia and International Labor Standards, 2017, 257 (in Georgian).

Stott D., Felix A., Principles of administrative law, London, 1997,152.

Turava P., Firtskhalashvili A., Dvalishvili M., Tsulaia I., Kardava E., Sanikidze Z., Makalatia E., Law of Georgia on Public Service, comments, Kardava E. (ed.), 2018, 191-193 (in Georgian).

Wiederkehr S., Mitarbeitermotivation im Ofentlichen Dienst am beispiel der Wissenschaftlichen Bibliotheken in Deutschland, 2014, 20-21.

Zoidze B., Reception of European private law in Georgia, Tbilisi, 2005, 284 (in Georgian).

Bundesbeamtengesetz (BBG), Ausfertigungsdatum: 05.02.2009.

Bundesverfassungsgericht, BVerfG, Beschluss vom 14. Januar 2020, 2 BvR 2055/16.

Bundesverfassungsgericht, BVerfG, Beschluss vom 28. Mai 2008 - 2 BvL 11/07.

Bundesverfassungsgericht, BVerfG, Beschluss vom 09 Juli 2007 - 2 BvR 206/07.

Decision No. 2/2/565 of the Constitutional Court of Georgia dated April 19, 2016, in the case "Citizens of Georgia - Ilia Lezhava and Levan Rostomashvili against the Parliament of Georgia", II- 35 (in Georgian).

Decision of the Constitutional Court of Georgia dated October 8, 2014 #2/4/532,533 Citizens of Georgia - Irakli Kemoklidze and Davit Kharadze against the Parliament of Georgia (in Georgian).

The decision of the Constitutional Court of Georgia of July 29, 2014, in the case N3/2/574, a citizen of Georgia Giorgi Ugulava against the Parliament of Georgia (in Georgian).

Decision № 2/2-389 of the Constitutional Court of Georgia dated October 26, 2007 in the case of Georgian citizen Maya Natadze and others against the Parliament of Georgia and the President of Georgia (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of May 30, 2023, case #BS-496(K-22) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of January 13, 2022, case #BS-941(2k-20) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of July 13, 2022, case # BS-140(K-22) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of May 13, 2021, case #BS-724(2k-20) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of December 24, 2020, case # BS-898 (K-19) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of February 7, 2019, case #BS-1467(K-18) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of January 11, 2018, case #BS-663-659(K-17) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of March 28, 2017, case #BS-802-794(K-16) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of April 5, 2016, case # BS-653-645 (2k-15) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of July 29, 2014, case #BS-69-67(K-14) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of February 18, 2014, case BS-463-451(K-13) (in Georgian).

Decision of the Civil Affairs Chamber of the Supreme Court of Georgia of June 28, 2011, case # AS-377-357-2011 (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of September 11, 2008, case #BS-434-417(K-08) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of April 18, 2007, case #BS-154-144(2K-07) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of February 6, 2007, case #BS-822-788(К-06) (in Georgian).

Decision of the Administrative Affairs Chamber of the Supreme Court of Georgia of July 28, 2006, case# BS-235-224(K-06) (in Georgian).

Decision of the Tbilisi Court of Appeal #3b/1907-15 (in Georgian).

Published

2023-12-30

How to Cite

Loria, K. (2023). Personal Application - the Basis for Dismissal of a Public Servant . Journal of Law, (2). https://doi.org/10.60131/jlaw.2.2023.7705

Issue

Section

Articles