D. Abdul Hafiz Ali Shimi
Associate Professor of Public Law – College of Law – University of Qatar

Abstract:

This paper explores the public employees’ responsibility for implementing managers’ orders that are illegal in accordance with both the legislation and the judiciary. From the legislative perspective, the senior administrative officers enjoy some protection under several laws such as in Germany, Egypt, Saudi Arabia, United Arab Emirates, Qatar, and Bahrain. Other legislations give the public employees, being the subordinate and the weaker side of the equation, a great deal of freedom to escape responsibility even after implementing the received orders. Such legislations do not make written reservations from the subordinate the only condition to deny responsibility. This is the case in the French and Kuwaiti laws. By doing so, these legislations have implicitly taken into account many factors including the recent employment of the official, the work load, and acting in good faith … etc.
From a judicial viewpoint, it seems that courts have developed some standards that strike the balance between respecting superior officers and administrative managers and alleviate the subordinates’ liability for merely implementing administrative orders. These have the effect of mitigating the threat of accountability to only the implementation of illegal orders, regardless of the circumstances or the circumstances surrounding the process of implementing the superior orders.

Read Full PDF Text (Arabic)