ALRAQABA . ISSUE 16
85
general attributes of an administrative
inquiry conducted by entities are previously
mentioned. This means that resorting to staff
members of these entities would not lead
to solving such issues. Additionally, it is not
feasible to refer to members of the public
prosecution due to their insufficient numbers
to cover these tasks. Along with the
differences between criminal investigation
and administrative inquiry, especially when
it comes to the elements that lead to the
investigations’ findings and proposing an
appropriate sanction to the committed
offense. They are factors that correlate
with the general facility and the governing
principles. It does not take place for criminal
investigation due to the difference in the
offending interest in the criminal offense
than the professional offense.
Therefore, we do not support this type of solution
where an administrative prosecution is formed to
handle the investigation on financial violations.
Second Solution:
Administrative and Legislative
Reforms:
This solution revolves around the inclusion of
administrative and legislative within the current
laws and regulations and improving them to face
the issues pertaining to the administrative inquiry
on financial irregularities.
As for administrative formations, we suggest
setting up a practical training institution that is
affiliated with the Civil Service Commission. That
is to cover all the functions carried out by the
legal departments, including the administrative
inquiry, with a specific focus on the newly
recruited. The probation period is to be allocated
for training this group to carry out said functions.
Therefore, they are being trained on how to
conduct an inquiry, pose and select the questions
as per the principles, encounter the employee
in question, and comply with all formal and
objective conditions of the administrative inquiry.
As soon as they pass this training course and the
required qualification exam, they will be hired. On
the other hand, the personnel promotion system
should be linked with the examinations that cover
practical and theoretical aspects of all legal and
administrative functions, including administrative
inquiry. These tests are to be conducted during
the time of promotion. In case they passed the
test, they are to be promoted to the next position.
These tests are to be set by the entity responsible
for training the newly recruited, and its contents
shall be securely saved to avoid its disclosure.
This reform is to be in alignment with the general
administration principles that aims to organize
and manage financial and human force to
achieve its general goals. Therefore, elevating
the technical level of the entity’s staff in a way
that limits the administrative inquiry’s problems
would achieve the general administration
principles. Giving the fact that humans are its
main element that a department relies on to
achieve its goals, instead, the human factor
is the entire central point of any department.
These reforms guarantee that the staff members
continue to develop their technical skills due to
its correlation with their promotion. The bottom
line is that it assures handling all technical issues
that may encounter administrative inquiries in
financial irregularities.
Despite the fact that success highly depends
on the trainee’s seriousness and motivation to
learn and acquire the necessary skills to carry
out his/her duties, this also can be bypassed
through the application of a carrot-and-stick
approach. Whoever passes this training course
shall be rewarded either by being officially hired
or promoted into a higher position based on
the conditions. The success of these reforms
also depends on the trainer and his/her ability
to transmit expertise to the trainees, particularly
