Legal Principles as a Limit to Technical Discretionality in Competitive Personnel Selection Processes Los principios jurídicos como limite a la discrecionalidad técnica en los concursos públicos de personal

Abstract

This research work reviews technical discretion in merit-based competitions performed within the Public Administration. In particular, it studies the calls for public employment to be provided through a competitive merit-based selection or examination process. The legal principles will be analyzed as a framework of legality in the control of the technical discretion of the Courts or Assessment Commissions constituted for the purposes of designating the candidate or winning candidates of the selection process. The principles of defense, equality and interdiction of arbitrariness are therefore proposed as compulsory mandates for the evaluating body. It also examines case-law regarding merit-based selection processes and adjudication made in contradiction to these principles.