The Personal Interview as One of the Appointment Procedures for Public Function in Kuwait and France – Its Legal System, Guarantees, and Trends to Limit its Role in Appointment: A Comparative Study
Dr. Saad Alenezi
Assistant Professor of Public Law
Kuwait International Law School
Abstract:
One of the most important foundations and principles on which the public Function system is based in the modern era is that selection and appointment take place in the light of criteria that ensure the selection of the best elements for the job concerned. For this reason, most countries resorted to the personal interview method in selecting applicants. This system is not a goal in itself, or a ritual that must be followed, otherwise the administrative decision will be invalidated. Rather, it is a measure aimed at achieving the public interest, by applying the principles of equality and equal opportunities in order to ensure fairness and justice of selection for a public Function.
However, there are many flaws in this system. These are revealed by many judicial rulings included in this study through which the researcher confirms that if the desired goals of the personal interview, in selecting the best qualified elements, are not achieved, then it is just a useless procedure. Therefore, many specialists called for limiting of its role in the process of appointment, and for searching for alternatives.
Therefore, this study searches for the basic guarantees that should be included in the personal interview so that it would reflect the values of justice and equality stipulated in the Constitution.
Keywords: judicial control, personal interview, public Function, principle of equality, and public interest.