Keywords

Summary



Keywords

1 . OFFICIALS - DISMISSAL FOR INCOMPETENCE - CRITERIA FOR ASSESSING INCOMPETENCE

( STAFF REGULATIONS OF OFFICIALS , ART . 51 )

2 . OFFICIALS - DISMISSAL FOR INCOMPETENCE - DISCIPLINARY ACTION - CONDUCT AMENABLE TO BOTH PROCEDURES - RECOURSE TO DISMISSAL PROCEDURE - LEGALITY

( STAFF REGULATIONS OF OFFICIALS , ARTS 51 AND 86 )

3 . OFFICIALS - STAFF REGULATIONS - GENERAL IMPLEMENTING PROVISIONS - CONCEPT - PROVISIONS ON THE EXERCISE OF THE POWERS CONFERRED ON THE APPOINTING AUTHORITY - EXCLUSION - LEGAL NATURE - INTERNAL MEASURES - OBLIGATION TO HOLD CONSULTATIONS - NONE

( STAFF REGULATIONS OF OFFICIALS , ARTS 2 , FIRST PARAGRAPH , AND 110 , FIRST PARAGRAPH )

4 . OFFICIALS - ACTION - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - NATURE OF THE PROCEDURE - OBJECT - RE-EXAMINATION OF THE CONTESTED DECISION - CONSEQUENCE - PARTICIPATION OF THE PERSON RESPONSIBLE FOR THE DECISION IN QUESTION IN THE COLLECTIVE DECISION-MAKING PROCESS - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 90 ( 1 ) AND ( 2 ))

Summary

1 . THE INCOMPETENCE OF AN OFFICIAL WITHIN THE MEANING OF ARTICLE 51 OF THE STAFF REGULATIONS MUST BE EVALUATED WITH PARTICULAR REGARD TO HIS ABILITY , EFFICIENCY AND CONDUCT IN THE SERVICE , THAT IS TO SAY , TO THE FACTORS REFERRED TO IN ARTICLE 43 OF THE STAFF REGULATIONS CONCERNING PERIODIC REPORTS , IT BEING UNDERSTOOD THAT THE COMPETENT AUTHORITY MUST BE ABLE TO TAKE INTO CONSIDERATION THE OFFICIAL ' S CAREER AS A WHOLE .

2 . IF CONSIDERATION OF THE ABILITY , EFFICIENCY AND CONDUCT IN THE SERVICE OF AN OFFICIAL LEADS TO THE CONCLUSION THAT THE CONDITIONS FOR APPLYING ARTICLE 51 OF THE STAFF REGULATIONS ARE MET THE APPOINTING AUTHORITY IS ENTITLED TO DISMISS OR DOWNGRADE OFFICIALS IN THE MANNER CONTEMPLATED BY THAT PROVISION EVEN IF THE INCOMPETENCE IS ACCOMPANIED BY ATTITUDES WHICH MIGHT LEAD TO DISCIPLINARY PROCEEDINGS BEING BROUGHT . THE SPECIFIC NATURE OF ARTICLE 51 , THE APPLICATION OF WHICH MOREOVER ENTAILS , PURSUANT TO THE LAST SUBPARAGRAPH OF PARAGRAPH ( 2 ) THEREOF , THE SAME SAFEGUARDS AS ARE BUILT INTO DISCIPLINARY PROCEDURE , IS IN FACT DUE NOT ONLY TO THE GROUNDS JUSTIFYING IT BUT ALSO TO THE MEASURES TO WHICH IT LEADS AND THE NATURE AND EFFECTS OF WHICH , UNLIKE THOSE IN DISCIPLINARY PROCEEDINGS , ARE BETTER FITTED TO THE SITUATION WHICH HAS TO BE RECTIFIED IN THE INTERESTS OF THE SERVICE .

3 . THE DETERMINATION BY EACH INSTITUTION PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 2 OF THE STAFF REGULATIONS OF THE AUTHORITIES WITHIN IT WHICH SHALL EXERCISE THE POWERS CONFERRED ON THE APPOINTING AUTHORITY CONSTITUTES AN INTERNAL MEASURE WHICH IS NOT REFERRED TO BY ARTICLE 110 OF THE STAFF REGULATIONS AND CONSEQUENTLY IS NOT SUBJECT TO THE OBLIGATION TO HOLD CONSULTATIONS LAID DOWN BY THAT PROVISION .

4 . THE MEMBER OF AN INSTITUTION WHICH , AS AN APPOINTING AUTHORITY , HAS TAKEN A DECISION ADVERSELY AFFECTING AN OFFICIAL IS NOT BOUND TO ABSTAIN FROM PARTICIPATING IN THE COLLECTIVE DECISION - MAKING PROCESS ON THE COMPLAINT BROUGHT BY THAT OFFICIAL AGAINST THE DECISION IN QUESTION . IT IS IN FACT APPARENT BOTH FROM THE NATURE OF THE COMPLAINT PROCEDURE AND FROM THE COMBINED PROVISIONS OF ARTICLE 90 ( 1 ) AND ( 2 ) OF THE STAFF REGULATIONS THAT THAT PROCEDURE IS NOT A MEANS OF APPEAL BUT IS INTENDED TO COMPEL THE AUTHORITY HAVING CONTROL OVER THE OFFICIAL TO RECONSIDER ITS DECISION IN THE LIGHT OF ANY OBJECTIONS WHICH THAT OFFICIAL MAY MAKE .