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ALRAQABA . ISSUE 16
investigations’ assurances are not considered
or when an inquiry lacks all the violations’
proceedings or all the responsible individuals.
Conferring an inquiry to an entity of specialized
technical personnel would tackle the problems
of which an entity refrains from conducting an
administrative inquiry on a given violation, along
with the impartiality that may occur in some
investigations.
Despite the previous advantages of the above-
mentioned solutions, there are a number of
drawbacks, they are:
1. conferring an administrative inquiry to
the administrative prosecution with time
would lead to the creation of disguised
unemployment within the auditees. That
is since most legal administrations at any
entity would initiate similar functions, which
is investigating violations, issuing advisory
opinions, reviewing the contracts signed
by the entity, and examining grievances
presented by relevant parties. Therefore,
considering these competencies, we
would find that some are initiated through
other means such as the Department for
Legal Advice and Legislation. It is not
acceptable to consider the distribution of
the functions of the legal departments as
the solution to face these technical issues
that may encounter the personnel of said
departments. Considering the emergence
of other technical problems relevant to
grievance examination or developing and
finalizing contracts, the question that
imposes itself here is, will these issues
continue to be solved through conferring
functions to other existing entities?
or conferring them to entities that are
specifically established for this purpose?
Subsequently, conferring the administrative
inquiry to an administrative prosecution
would reduce the functional tasks assigned
to the legal department personnel
within these entities. This would limit the
productivity and efficiency of said staff as
it would create - as previously mentioned-
disguised unemployment within the entities.
2. Whomever closely observes the
administrative prosecution in Egypt shall
discover an ongoing dispute between the
administrative prosecution and the Central
Auditing Organization. That is because
the administrative prosecution refuses
CAO to review these investigations and to
object to the inquiries’ conclusions. The
dispute grew in size after the Constitution
of Egypt of 2014 made the administrative
prosecution a disciplinary authority
that issue resolutions on handling the
irregularities under investigation. This made
the administrative prosecution issue a
circular to refrain CAO from receiving any
issued resolutions regarding the disposal
of the financial violations, which hindered
the control of the Organization on these
resolutions. Therefore, the establishment of
an administrative prosecution may lead to
transmitting these disputes to Kuwait, and
as a result, hindering the control of SAB on
financial violations.
3.
There are practical difficulties
that hinder the establishment of an
administrative prosecution. These
obstacles relate to the availability of the
required technical personnel to operate the
administrative prosecution. On the technical
capacity level, it is important that they
enjoy high technical skills that contribute
to the avoidance of all the issues that face
said entities during the administrative
inquiry, or in terms of the required number
needed to carry out its mandates. The
