The De Facto Employee Theory and its Applications in Palestinian Administrative Law

Abstract

This study aimed to explore the theory of the de facto employee and its applications in the Palestinian system by examining the nature and concept of this theory. It also sought to investigate the cases where the theory of the de facto employee applies, the judgments regarding the actions of the de facto employee, and the extent of the application of this theory in Palestine. The study has yielded several significant findings, which the theory of the de facto employee is a judicial theory originated by the French Council of State and adopted by Arab administrative judiciary to protect the interests of Non-bona fide third parties and ensure the regular and continuous operation of public facilities.

Furthermore, it asserted that the actions of the de facto employee remain valid even after the exceptional circumstances have ceased, aiming to ensure the smooth and continuous operation of public facilities. Furthermore, the study also recommended, most importantly, the adoption and clear endorsement of the de facto employee theory through explicit legal provisions, avoiding leaving the matter solely to judicial discretion, and the necessity of establishing its general principles and legislative regulation.