RIGHT OF ACCESS TO CIVIL SERVICE

» The constitutional norms

Article 13 (Principle of equality)

"1. Every citizen shall possess the same social dignity and shall be equal before the law

2. No one shall be privileged, favoured, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, gender, race, language, territory of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation"

Article 47 (Freedom to choose a profession and access to public service)

"1. Everyone shall possess the right to freely choose a profession or type of work, subject only to such restrictions as the law may impose in the collective interest or as are inherent to his own capabilities

2. Every citizen shall possess the equal and free right to access to civil service, under conditions of equality and freedom, as a general rule by means of open competition procedure"

Article 266 (Fundamental principles)

"1. Public Administration shall seek to pursue the public interest, and shall respect all such citizens? rights and interests as are protected by law

2. Administrative bodies and agents shall be subject to the Constitution and to the law, and in the performance of their functions shall act with respect for the principles of equality, proportionality, justice, impartiality and good faith"

» The content of the right of access to civil service

The freedom to choose a profession

The right of access to civil service is an expression of the right to choose a profession or the type of work

It is materialized in the possibility of access of any citizen to the performance of public functions in general, or to a certain function in particular, and in the prohibition of the exclusion of access to civil service for reasons not related to failure to meet the requirements established in the law regarded as appropriate for the function

Guarantee of equality

In access to civil service, irrespective of the nature of functions subject to open competition procedure and the legal regime of their fulfilment (appointment, employment contract in public functions or limited executive tenure) the principle of equality should always be complied with. Otherwise, there would be a positive discrimination for differentiations based on factors or on demand for requirements not justified in the light of constitutional or legal norms

The rule of open competition

TThe right of access to civil service entails a right to form a public employment legal relationship irrespective of the existence of any relationship of personal or political confidence and the respect for equal opportunities, which is ensured through the carrying out of an open competition procedure - which relates and ensures the publicizing of the job offer, adoption of selection methods in due time disseminated, assessment by an independent and impartial Selection Board and the right of appeal