El control jurisdiccional de la discrecionalidad técnica en materia selectiva

Abstract

This paper examines the scope of technical discretion of courts of justice within selection procedures in Spain. We set out the basic State legal framework on technical discretion and the need to control this discretion from the perspective of the right to effective judicial protection within selection procedures. Thereafter, we make a critical analysis of the doctrinal evolution that has occurred in relation to the judicial review of the administrative decisions issued by the selection boards. First, we have moved from a traditional doctrine that postulated the exclusion of judicial review of everything that fell within the board¿s technical judgment to a more advanced position that calls for a greater judicial review upon these administrative decisions. In particular, we discuss the most recent doctrine on this matter as significant advances are observed regarding a greater judicial review over the discretionary assessments of the specialized selection boards, so that the selection procedures are conducted with all the guarantees and with respect for the principles of equality, merit and capacity.

Keywords

• public employment
• judicial review
• technical discretion
• selection procedures