The tacit attitude of the Public Administration during the completion of the insolvency procedure between implicit deed and legally permitted practice

Abstract

The non-admission list of the candidate excluded from the oral exam of a public competition based on qualifications and interview can be qualified as an implicit act of the Administration supported by the previous acts of the Commission of selection relating to the phase of evaluation of professional qualifications and attribution of scores. It follows that, on the procedural level, the candidate, in homage to the principle of double judicial protection, is required to challenge, within the deadline set by the Administrative Process Code, not only the deed of non-admission but also the final ranking in order to avoid being able to incur in the foreclosures and forfeits provided for by the appeal system.