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Temporary Right Protection Mechanism for Civil Servants' Right in the Competitive Promotion Cases Lin Yuh-may

Justice delayed is justice denied. The Constitution of ROC grants the civil servants the rights to hold public offices, file complaints, and initiate legal proceedings. When the aforementioned rights of civil servants are infringed, they should have the opportunity to seek a remedy. It is important that the right protection must be effective and not too late. However, in some circumstances, the servants' rights could suffer immediate irreparable harm before the legal proceedings are completed. Thus, there is the need to create a temporary right protection mechanism. Especially in the case of promotion, if the authorities choose the other competitive candidate and the promotion position is immediately occupied; the rights of other competitive candidates could suffer immediate irreparable harm. Therefore, the protection of the servants' rights to promote mostly relies on the temporary right protection mechanism.
This article will discuss the temporary right protection mechanism and its constitutional base in ROC and Germany. Two cases of Federal Constitutional Court in Germany will be also introduced. The study will confined to issues concerning competitive promotion.

Keywords:the right to hold public offices, temporary right protection, promotion