Problems On Legal Status Of The Government Officer Recruitment.
Keywords:
legal status, the Government officer recruitment, administrative orderAbstract
Public Juristic person are established for public services. The main components are the persons who express in the government’s intentions. Therefore, the government officer recruitment is a public service of the government providing opportunities and having examinations. Public officers are not obliged with the government in the form of employment contracts, but they have legal obligations. They must also follow legal processes or regulations.
In this research study, the statuses of government officer recruitment under Thai laws were studied and compared to that of French Republic and Federal Republic of Germany. If the recruitments and qualified applicants were announced, then the applicants would have the rights to take the next examinations in order to become public officers. If there were applicants who were not qualified or those who did not have the rights to take the examinations before the examination results were announced, then there would be the issues to be studied: the effects on the applicants and their rights to appeal. The administrative court considered that the statuses of the recruitment announcements were general orders, and the applicants could use the rights in the court if they want to oppose any announcement. The “general orders” considered by the judiciary of the administrative court might be understood by scholars, but the Thai laws did not have any definition or clear description.
Another organization was the Committee on Administrative Procedure. The committee considered and adhered to that the statuses of the recruitment announcements were not legal statuses, but the recruitment announcements were only the processes of “administrative consideration”. Hence, the applicant could not use the right to appeal as long as there was no the announcement of the examination results.
Thus, the researcher suggested that the regulation about the description and definition of an “administrative order” in order to legally clarify the recruitment announcements, to ensure the fairness for the people and to maximize the clear and academic benefits.
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