Administrative Law
Challenging a Public Appointment or Promotion Decision
Authority, selection criteria, equality, merit and administrative review.
Disappointment does not establish unlawfulness
Rejection or selection of another candidate is not alone unlawful. Examine authority, advertised conditions, assessment criteria, equal treatment and reasons. Different public employment categories may be governed by different rules.
Review is not a new selection exercise
The High Administrative Court reviews legality in an admissible application. It should not be assumed that it will itself appoint every successful applicant. Article 152’s standing and 75-day requirements need careful assessment of the act and knowledge of it.
Obtain the relevant records
Retain the vacancy notice, application, result and available scores. Seek reasons and lawful access to information. Do not assume that an internal objection suspends the court deadline. Interim relief requires a separate assessment.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.