"2012 Successful Candidates First".. Bilal Abdallah Proposes Draft Law to Settle the Judicial Assistants File

Article Two: For the purposes of applying this law, positions shall be deemed vacant if they are provided for in the staffing table, or if they arise from an actual vacancy or from a duly established need in the positions of clerk and bailiff within the judicial assistants cadre at the Ministry of Justice.

The Ministry of Justice and the Civil Service Board, each within its respective powers, shall undertake the necessary measures to complete the appointment of the successful candidates referred to in Article One, according to their order of success, after verifying that they meet the legal and functional conditions required at the time of appointment.

Article Three: The following successful candidates shall be excluded from the provisions of this law:

1- Anyone who declares in writing that they do not wish to be appointed.

2- Anyone who, without legitimate excuse, fails to complete the required documents or procedures within the deadline set by the administration after being duly notified.

3- Anyone found to have lost one of the legal conditions necessary for appointment.

4- Anyone whose appointment proves impossible for any established legal or factual reason, including death, disability, or the existence of a legal impediment.

In such cases, priority shall pass to the next successful candidate in the order of success.

Article Four: Exceptionally and on a one-time basis, the application of any provision or administrative decision that conflicts with the provisions of this law shall be suspended, particularly any provision allowing the opening of a new examination or the commencement of its procedures for the two aforementioned positions before the appointment of the successful candidates covered by the provisions of Article One has been exhausted.

Article Five: This law shall enter into force as of the date of its publication in the Official Gazette.

Explanatory Memorandum

The proper functioning of the justice system requires securing its human resource needs within the framework of respect for the Constitution, the laws in force, the principles of equality, equal opportunity, and continuity of public service, as well as respect for the rights arising from public examinations that were duly conducted and whose results were announced.

Pursuant to Justice Minister Decision No. 1637, an examination was held to appoint clerks and bailiffs to the judicial assistants cadre at the Ministry of Justice. The dates set for it were January 14 and 15, 2012 for the clerk position, and January 21 and 22, 2012 for the bailiff position. Its results were later announced under Justice Minister Decisions No. 1370 and No. 1371 dated 15/10/2012, and a clerical error in the results of the clerk examination was corrected under Decision No. 493 dated 1/4/2014.

Although a large number of candidates succeeded in this examination, the appointment of all successful candidates was not completed, while some of them were appointed under Decree No. 11993 dated 24/5/2014. Then Law No. 144 dated 31/7/2019, particularly Article 80 thereof, introduced a freeze on hiring and appointments under the controls it established, while preserving the rights of those who succeeded in Civil Service Board examinations.

On 26/2/2026, Cabinet Decision No. 7 concerning the appointment of judicial assistants was issued, followed by an announcement from the Civil Service Board on 4/6/2026 stating the start of contact with the remaining successful candidates from the 2012 examination. This confirms that the aforementioned list of successful candidates remains valid and that there are still candidates whose appointments have not yet been completed.

Accordingly, organizing a new examination for the same two positions before completing the appointment of those who succeeded in the previous examination would undermine the principle of equality among candidates, the legitimate expectations created by the administration for the successful candidates, and the principle of legal stability. It would also lead to a duplication of spending and administrative effort without justification, so long as the results of a previous lawful examination remain valid and include successful candidates who have not been appointed.

The proposal does not seek to grant automatic appointment outside legal procedures or outside the conditions of competence and eligibility. Rather, it establishes a fair and logical order of priority: completing the appointment of those who succeeded in the previous examination according to their order of success, within the available vacancies and actual needs, while excluding those whose appointment is impossible, those who do not wish to be appointed, or those who lose the conditions for appointment. Once these cases are exhausted, the administration may then organize new examinations in accordance with the law and actual need.

Therefore, the attached draft law has been prepared, in the hope that the esteemed Parliament will discuss and approve it as soon as possible."