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.‎

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