Conflict in Functional Accommodation in the Libyan Civil Service – An Analytical Legal Study

Abstract

This study examines the issue of conflict in job classification (functional placement) within the Libyan public service, through an analytical and applied legal approach to the legislative framework governing appointment, job grading, and seniorityÆ

The research is based on the legal nature of the relationship between the public employee and the administration as a regulatory (statutory) relationship rather than a contractual one, in accordance with law no.55 of 1976 concerning Civil Service and Law NO. 12 of 2010on Labor Relations, as well as judicial precedents of the Libyan Supreme Court and the French Conseil d'Etat. The study clarifies the concept of appointment as the administrative decision that establishes the legal status of the public employee, and job classification (placement) as a regulatory act of declaratory nature aimed at aligning the employee's grade with their qualifications and experience in accordance with statutory provisions. Lt also discusses different forms of appointment and promotion systems, particularly seniority-based promotion, and their Impact on achieving or undermining administrative justice. The central problem addressed concerns disparities in job placement between employees holding the same academic qualification but appointed under different regulatory decisions, leading to inconsistencies in grading and seniority the study analyzes the legal limits of retroactive application of regulatory decisions, the binding force of such decisions, and the role of the administration in balancing legality with functional equity.

The study concludes with the necessity of upholding the principle of non-retroactivity of administrative decisions, safeguarding acquired legal positions, and ensuring accurate regulation of seniority and promotion rules, while offering practical recommendations to reduce administrative disputes and enhance fairness within the public administration system.