The recruitment of public employees in the scope of public servants? code

The recruitment of public employees is of concern for anyone who is interested in working in public services and employments. Recruitment to public service is a right. The paragraph 2 of the Article 128 in the Turkish Constitution guarantees this right, stipulating that the regulations concerning the qualifications and appointments of public employees shall be made by the law. Despite this stipulation, there are problems in practice resulting from the lack of understanding the scope of the legality.Another problematic point in practice is the ambiguity of the scope and limits of public employment. This results from the incompetence of the regulations in the Turkish personnel legislation. There is not agreement on the scope and limits of public employment in the doctrine. Further, the practices of the Constitutional Court do not bring any systematic explanation to this problem. It is required to explain systematically the Article 128 of the Constitution and the scope of public employment so as to be able to solve the problems in the recruitment of public employees.The Public Servants? Code covers four modes of recruitment to public services: public servants, contracted personnel, temporary personnel and public workers. Temporary personnel and public workers do not constitute public employees in accordance with the Article 128 of the Constitution and with the principles of the administrative law. It is disputable whether the contracted personnel can be considered as ?the other public employees? in accordance with the Article 128 of the Constitution; however, there is an overwhelming tendency to involve these personnel in the scope of public employees.This study investigates the regulations concerning the recruitment of public employees in accordance with the Public Servants? Code, and intends to suggest solutions to the dimensions that are considered to be problematic. For this purpose, the study is divided into three parts. The first part covers basic concepts such as public service and public employee and the Constitutional principles of admission to public service. The second part examines the recruitment of public employees in accordance with the modes of recruitment set in the Public Servants? Code. The final part is about the recruitment of contracted personnel.