Analysis of the constitucional principle of merit and capacity and its relationship with performance evaluation

Abstract

All the Spanish Constitutions since 1837 have contemplated that access to jobs and public positions be made according to merit and ability. The civil servant institution forms in the mind of the citizen the idea that there are qualified civil servants at the service of the Public Administration who ensure the system delivers a high-quality professional service. The principles of merit and capacity would guarantee that public officials, servants of society, prepared, impartial and objective, will be in charge of the Public Administration. Therefore, the evaluation of the performance of public servants must operate under the principles of merit and capacity and not «coffee for all» as a basis for determining the selection of the best public employees during the administrative career. The attributes required to execute it are special and professional qualities, which will be possessed by those who are best qualified.
The methodology used in the development of the work has consisted of the study of the legislation, doctrine and jurisprudence on the theme of merit and ability, deriving from all this analysis and research a legal-descriptive and critical study.The results show that the implementation of performance evaluation is an appropriate tool to reinforce the selection of personnel in the Public Administration, applying the principles of merit and capacity set forth in the Constitution, insofar as it is an instrument for evaluating the effort and work of all public employees in order to better and more efficiently serve the general interest.