The opinion of the Authorized Service appears to be stumbling in the intervening time on the proposal of the Legislation submitted by the MP Marinos Mousioutas, for the orderly operation of the general public service and the productiveness points that come up as a consequence of worker transfers.
This was evident at right this moment's assembly of the Establishments parliamentary committee, throughout which the matter was mentioned within the presence of representatives of competent providers of state departments and representatives of commerce unions.
Extra particularly, Mr. Musiutta's proposal supplies for an modification to the Analysis of Candidates for appointment to the Public Legislation Service. And this in such a manner that, firstly, the written examination for appointment is held each two years as an alternative of yearly, and secondly, the acceptance of appointment to a place by a profitable candidate entails his exclusion from claiming one other place introduced inside the interval of the 2 years following the date of the examination. With the proposed modification, the one that accepts an appointment loses the correct to go away the place in query for one more place that’s declared vacant inside two years.
As was additionally emphasised throughout the assembly, relating to the second challenge, the motion of civil servants to different positions is a frequent phenomenon and causes an issue of dysfunction within the public sector. Though this place was not contradicted by the members within the dialogue, nonetheless, an opinion of the Authorized Service renders it as unfeasible. Particularly, the opinion focuses on the addition of a paragraph proposed by Mr. Mousiouttas and states, amongst different issues: “A candidate who accepted an appointment ready provided to him is faraway from the listing of profitable candidates within the written examination and he can’t declare one other place primarily based on the listing in query”.
The senior lawyer of the Republic, Lambrini Lambrou Usta, explains that this modification violates the constitutional precept of equal remedy enshrined in Article 28 of the structure.
It explains that the article in query “ensures equality and equal standing in the entire vary of life and the exclusion or deletion of the candidate who accepted an appointment to a place provided to him, from the listing of profitable candidates within the written examination, in order that he can’t declare one other place primarily based on the stated listing, doesn’t make sure the aforementioned equality and equality”. Mrs. Usta within the four-page opinion concludes by stating that “the above proposed modification impacts the precept of equality and the correct to freely train any occupation”.
Primarily based on what was mentioned on the assembly, the parliamentary committee will take the mandatory steps to hunt the opinions of authorized advisors, in an effort to discover a manner out.