THE IMPARTIALITY OF THE SELECTIVE COURTS. ACCESS TO THE CORPS OF EDUCATION INSPECTORS
Published 2023-07-31
Keywords
- Procedimiento selectivo, actuaciones de la inspección educativa, criterios de evaluación, criterios de calificación, informes, asesoramiento.
- Selective procedure, actions of the educational inspection, evaluation criteria, qualification criteria, reports, advice.
How to Cite
Copyright (c) 2023 Juan Miguel Albertos García
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Abstract
The inspection function in education in Spain is protected by Article 27 of the EC of 1978, which develops actions to carry out advisory functions, among others. Advice that should lead to a prior and mandatory report of the Education Inspectorate, in the file of the elaboration of the Order or Resolution of the call, on the evaluation and qualification Criteria, which must be included in its entirety in the Bases of a selective procedure of access to the public teaching function, in accordance with article 23.2 of the EC, and the principles of constitutionality, legal order, equality, publicity, transparency, merit, capacity, competitive concurrence, probity and other principles of the rule of law.
All this favors the impartiality, objectivity and neutrality of the Bases, avoiding the possible reservation of places on a personal basis; furthermore, increasing the guarantees of impartiality of the selective Tribunal, reducing the causes or reasons for abstention and/or recusal; minimizing the perception of the selective Tribunal as Judge and Party. Since, ultimately, the discretionary power does not endorse, nor authorize, arbitrariness, nor the deviation of power. A comparative study was carried out between 3 Autonomous Communities.