Politis

Appointments to the Public Service Commission Beyond Judicial Review: Administrative Court Ruling

Published February 17, 2026, 09:21
Appointments to the Public Service Commission Beyond Judicial Review: Administrative Court Ruling

The Administrative Court has ruled that the appointments to the Public Service Commission (PSC) constitute an “act of government” and are therefore not subject to judicial review. This decision was made in the context of an appeal against a PSC decision, where the appellant challenged the legality of the Commission's composition. The Court found that the authority to appoint the leadership of the PSC directly belongs to the President of the Republic, falling within the political and governmental function of the state. This decision has significant implications for the control of appointments to constitutional bodies, as it defines the limits of judicial intervention in institutional appointments. According to the Court, the political and governmental nature of the appointment act excludes judicial review, regardless of the objections raised regarding the selected individuals. The decision specifically states that the appellant's claim regarding the illegal or unconstitutional composition of the PSC cannot be examined by the Court, as the appointment act constitutes an “act of government”. Furthermore, the Court ruled that serving as Director of the President's Office does not create an incompatibility for the appointment of a member to the PSC, and that party affiliation does not constitute the exercise of state function. The Administrative Court's decision is expected to spark debate about the balance of powers and the role of the judiciary in controlling the executive branch. The position that the appointment of members to constitutional bodies constitutes a political act and is not subject to judicial review may have broader implications for the functioning of the state and the transparency of appointment procedures.