Αποτίμηση της εφαρμογής του νέου Πειθαρχικού Δικαίου (ν.4057/2012) στην Ελληνική Δημόσια Διοίκηση και ο ρόλος του τόσο στη διασφάλιση του δημοσίου συμφέροντος όσο και στην προστασία του υπαλλήλου.

Abstract

The aim of the present study is the evaluation of the implementation of the new Disciplinary Law since its putting into effect with the law 4057/2012. The evaluation is attempted through the assessment of whether the new Disciplinary Law achieved its proclaimed objective of enhancing the safeguarding of both the public interest and the civil servant's rights. The first part negotiates the role of Disciplinary Law in a modern Democracy in relation to important constitutional principles (Rule of Law, Individual Rights) on the one hand and to the nature of civil service on the other. In the second part, we detail the most important alterations brought about by the new Disciplinary Law (and also some important revisions to it that followed) and we attempt to evaluate them based on the first part's conclusions. In the third part, the evaluation endeavour is further enhanced by the presentation of the conclusions reached from the meetings the student had with officials who take part in the administration of disciplinary justice from key positions of the Second Instance Disciplinary Board. Lastly, the entirety of the above effort aims to not only evaluate the currently in effect Disciplinary Law but to also extrapolate conclusions and to put forward proposals that will aid future efforts to further improve it.