معيار الجدارة كأساس للالتحاق بالوظائف العامة

Abstract

Summary The criterion of merit in joining public office takes a broad concept, it is a criterion characterized by authenticity and iraqiism, enshrined and worked by Islamic law in various types and sources, and then taken by the various newly established positive legal systems, and did not limit the Algerian legislator to adopt this standard in various national laws and legislation on the public function, even implicitly in the provisions of the Constitution and various laws in the field of competence. What takes the concept of this standard is its inclusion on the elements of health and professional moral merit, on which laws have relied and become essential elements for the assumption of public office, and the standard of merit is characterized by interdependence and integration with various other principles associated with the public function such as equality, neutrality and permanent function. In order to demonstrate improved procedures for the assumption of jobs through merit, the principle of competition was imposed in the provisions of the procedures for the assumption of public office in order to make the most meaningful choice of the job transparent, because of its standards of neutrality and objectivity.The legislator excluded the provisions of the laws and legislation of the post, where he created some prescribed exceptions, which we can say are narrow and justified by humanitarian and social factors for reserved jobs and political factors for senior positions. In explaining the criterion of merit, the legislator also not limited him to holding public office in absolute terms, but also went beyond the professional career path and follow-up if he deserved to be assessed within the framework of merit.