- within Litigation and Mediation & Arbitration topic(s)
- in China
- within Litigation, Mediation & Arbitration and Intellectual Property topic(s)
In a recent decision in Appeal to a decision of the Administrative Court No. 24/2018, the Supreme Constitutional Court exercising its appellate jurisdiction based on the Transitional provisions Article 23(3)(b)(i) of Law 33/64, ruled that in the event of a vacancy of a position in the Public Sector, the previous announcement of the said position does not revive.
Therefore no legitimate interest arises for the persons who participated in the original announcement of the position. The vacancy shall lead to a new announcement with the possibility of submitting new applications in a context of a new procedure.
It is though of importance that the Supreme Court examined in priority the existence of legitimate interest, as this is a condition for the Court to exercise its jurisdiction, by virtue of Article 146 of the Constitution.
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