CRITICAL ANALYSIS OF THE MERIT-BASED COMPETITION: IS IT AN EXCEPTIONAL AND SINGULAR MEASURE FOR ADDRESSING TEMPORARY EMPLOYMENT?

This study examines the constitutionality of the merit-based selection system established by Law 20/2021, enacted on December 28, aimed at reducing temporary employment in the public sector. The analysis begins with an overview of the right to access public office and the factors contributing to the high prevalence of temporary positions within Public Administrations. It then evaluates the criteria established by the Constitutional Court's jurisprudence for ensuring the system's compliance with the Spanish Constitution and assesses the extent to which these criteria are fulfilled in this instance.