PROFESSIONAL CONDUCT GUIDELINES FOR PUBLIC EMPLOYEES WITHIN THE FRAMEWORK OF THE NATIONAL EDUCATION SECTOR’S CODE OF ETHICS IN ALGERIA

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ABDELGHANI BRAHMIA

Abstract

The Algerian legislator, similar to comparative legislation, has ensured that the performance of public employees is within a system of values and ethical principles governing their professional conduct. This positively impacts the quality of public service provided to the members of society. The legislator has assigned various ministerial sectors in the state the task of establishing a system for professional conduct principles and public service ethics.


In this context, and with the belief that public service not only requires structures, organizations, and legislative frameworks but also a value-based behavior and ethical code that unites various public servants to achieve solidarity, comprehensive development, and combat corruption, the Ministry of National Education in Algeria - similar to other ministerial sectors - has hastened to establish a code of conduct in the sector it oversees. This initiative recognizes the need for public facilities to have behavioral rules and ethical principles that help public employees navigate conflicting situations in their professional journey.

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References

First: Official Texts

A - Constitutions:

• The Constitutional Amendment of the People's Democratic Republic of Algeria for the year 2020, issued by Presidential Decree No. 20-442 dated 30-12-2020, concerning the issuance of the constitutional amendment approved in the referendum on November 1, 2020, Official Gazette No. 82, dated 30-12-2020.

B - International Conventions :

• United Nations Convention Against Corruption, ratified with reservations by Presidential Decree No. 04-128 dated April 19, 2004, adopted by the United Nations General Assembly in New York on October 31, 2003, Official Gazette No. 26, dated April 25, 2004.

C - Laws:

Law No. 06-01, dated February 20, 2006, concerning the prevention and fight against corruption, amended and supplemented, Official Gazette No. 14, dated March 8, 2006.

Ordinance No. 06-03, dated July 15, 2006, includes the general statute of the public service, amended and supplemented, Official Gazette No. 46, dated July 16, 2006.

Law No. 08-04, dated January 23, 2008, includes the guiding law of national education, Official Gazette No. 04, dated January 27, 2008.

Law No. 23-12, dated August 5, 2023, determines the general rules related to public procurement, Official Gazette No. 51, dated August 6, 2023.

D - Decrees:

Executive Decree No. 08-04, dated January 19, 2008, includes the special statute for employees belonging to the common corps in public institutions and administrations, Official Gazette No. 03, dated January 20, 2008.

Executive Decree No. 08-05, dated January 19, 2008, includes the special statute for professional workers, drivers, and janitors, Official Gazette No. 03, dated January 20, 2008.

Executive Decree No. 08-315, dated October 11, 2008, includes the special statute for employees belonging to the special corps of national education, Official Gazette No. 59, dated October 12, 2008, amended and supplemented by Executive Decree No. 12-240, dated May 28, 2012, Official Gazette No. 34, dated June 3, 2012.

E - Ministerial Decisions and Publications:

Ministerial Decision No. 65, dated July 12, 2018, determines the modalities of organizing and operating the educational community.

Charter of Ethics of the National Education Sector in Algeria, dated November 29, 2015.

Federal Authority for Government Human Resources of the United Arab Emirates, Document of Professional Conduct Principles and Public Service Ethics, second edition, September 2017.

Second: Books:

Abdul Qader Al-Sheikhli, Ethics of Public Service, Majdalawi Publishing, 1st Edition, Amman, 1999.

Mohamed Abdel Fattah Yaghi, Ethics in Administration, Wael Publishing, 1st Edition, Amman, 2011.

Third: Scientific Articles:

Khalifa Mourad, Asset Declaration in Algerian Legislation - Contribution to Identifying Shortcomings in Related Provisions, Algerian Journal of Human Security, Vol. 08, No. 01, University of Batna 1, Algeria, 2023.

Mohamed Jabri, Ethics of Public Service, Journal of Rights and Humanities, Issue No. 1, University of Djelfa, Algeria, 2019.

Mohamed Maher Al-Sawwaf, Ethics of Public Service and Administrative Factors Affecting its Violation Applied to the Kingdom of Saudi Arabia, Public Administration, Issue No. 82, Saudi Arabia, 1994.

Diyala Jameel Mohammed Al-Razi and Bin Mansour Abdullah, Principles and Rules of Ethical Conduct as an Effective Link Between Corporate Governance and Combating Corruption - An Applied Study on Government Ministries in the Gaza Strip, Islamic University Journal of Economic and Administrative Studies, Vol. 20, No. 02, Gaza, Palestine, 2012.

Abdelkarim Tebboune, Preventive Measures Against Corruption Related to Rules of Conduct and Ethics of Public Employees in Algerian Law, Journal of Law and Society, Vol. 07, No. 02, University of Adrar, Algeria, 2019.

Awad Khalaf Al-Enezi and Yaqoub Rashid Al-Adim, Employees' Perception of Career Conduct and Professional Ethics - A Field Study on Government Agencies in Kuwait, Damascus University Journal for Economic and Legal Sciences, Vol. 22, No. 02, Damascus, Syria, 2006.