Government employee. Selection for admission
Commentary on the Tribunal Supremo of 18 january 2012
Keywords:
public service, admission tests, principle of publicity, constitutional principle of objectivity, transparency in the administrative proceedingsAbstract
The Court's decision set qualifier after the date of the second year as the cut-off determining the «unfit» as measurable variables under the heading of «Personality» for the same purpose, are contrary to the principle of advertising for entry into the civil service to article 4 of the General Rules of Entry of Decree 364/1995 of March 10. The principle of publicity is linked to the fundamental right to effective judicial protection of article 24 of the Spanish Constitution and the principle of objectivity that for every action taken by the Public Administration to article 103.1 of the Spanish Constitution. Need for all administrative actions are transparent in the facts, determining criteria and reasons for their decisions, for only then can control which demands the right to effective judicial protection, as well as those criteria are established prior to completion when competitive procedures are concerned, because this is how it is eliminated with the risk of unfair favoritism individual, contrary to the principle of objectivity.
Downloads
