Post by nurnobi85 on Feb 12, 2024 2:54:07 GMT -5
Such a way that it becomes impossible to verify its possible nullity in court. 3. The fact that it is a competition for a career in the judiciary – as opposed to legitimizing the power of “conscience veto” for candidates aggravates its constitutional illegitimacy: above the individual problem of the subjective right of access to public service, is the incompatibility with the democratic regime of any system that allows arbitrary co-optation, as the basis for the composition of one of the State's powers. 4. The STF – out of loyalty to the inspirations of the principle of the public examination – has on several occasions rejected the veto of a candidate for the competition, even when linked to the conclusions.
A psychotechnical examination provided for by law, if its performance is reduced to a “closeted interview , whose technical parameters are not known” ), Rezek: it is all the more reasonable to declare unconstitutionality if the conclusion of the psychotechnical examination – whatever its reliability – is not binding on the Court which – “according to him, against him or in spite of him” -, receives Dubai Email List the power to eliminate candidates, with or without interviews, by judgment of the conscience of secret and unmotivated votes. 5. Recognizing the right to investiture of a candidate for judge, who, after qualifying in the competition tests, was not recommended for appointment – then, within the competence of the Executive Branch – due to an unmotivated veto by the Court of Justice.
Past patrimonial consequences of the forfeiture of the right to appointment to be calculated according to the STF criteria in assimilable cases.” Another irregularity, however, permeates this confidential investigation phase. As can be seen from item 3 of the aforementioned Notice, it is the Selection and Training Committee of the Court of Justice that will designate the Examining Board, responsible for the application and correction of the tests. The Examining Board comprises 3 (three) magistrates and 1 (one) lawyer. There is, however, no provision for OAB members to participate in the Selection Committee.
A psychotechnical examination provided for by law, if its performance is reduced to a “closeted interview , whose technical parameters are not known” ), Rezek: it is all the more reasonable to declare unconstitutionality if the conclusion of the psychotechnical examination – whatever its reliability – is not binding on the Court which – “according to him, against him or in spite of him” -, receives Dubai Email List the power to eliminate candidates, with or without interviews, by judgment of the conscience of secret and unmotivated votes. 5. Recognizing the right to investiture of a candidate for judge, who, after qualifying in the competition tests, was not recommended for appointment – then, within the competence of the Executive Branch – due to an unmotivated veto by the Court of Justice.
Past patrimonial consequences of the forfeiture of the right to appointment to be calculated according to the STF criteria in assimilable cases.” Another irregularity, however, permeates this confidential investigation phase. As can be seen from item 3 of the aforementioned Notice, it is the Selection and Training Committee of the Court of Justice that will designate the Examining Board, responsible for the application and correction of the tests. The Examining Board comprises 3 (three) magistrates and 1 (one) lawyer. There is, however, no provision for OAB members to participate in the Selection Committee.