Background

A claimant filed a case against the Minister of Justice before the court requesting the dismissal of Decision No. 26/2006. The claimant said that the decision had deprived him of being appointed as a deputy prosecutor though he met all the requirements for this position.

The court ruled that the mentioned decision should be dismissed.

The Minister appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

Decision

The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had violated the law and had insufficient evidence of causation. It was said that the Ministry had selected the candidates that failed written and oral exams. The claimant also said that he maintained before the court that Article 59 of the Law of Judicial Authority was unconstitutional but the court dismissed this defence.