The Principle of Equality in Holding Public Office: A Comparative Study

Abstract

All state institutions play an important role in serving society and citizens through the regular and continuous operation of public services. This is achieved by organizing work within institutions, bodies, and departments to serve the public interest. These institutions are managed by individuals known as public employees. The state, as a legal entity, is essentially a group of individuals working on its behalf, bearing its responsibilities, and carrying out its activities.

The state and its dependent institutions are considered public legal persons. The prosperity and effectiveness of a state depend on the efficiency, knowledge, and competence of its public employees. It is often said that when a nation is described as civilized and advanced, it is due to the quality of its public employees; when described as underdeveloped, it is likewise due to their inefficiency. In a vivid analogy, it has been said: “The public employee is nothing but a speaking law, while the law is but a silent employee.”
Holding a public position requires several general and specific conditions. Anyone who meets them has the right to be listed among candidates in accordance with the principle of equality.