Keywords

Summary



Keywords

1 . OFFICIALS - RECRUITMENT - COMPETITION BASED ON QUALIFICATIONS AND TESTS - SECRECY OF THE PROCEEDINGS OF THE SELECTION BOARD - LIMITS - OBLIGATION TO STATE THE REASONS FOR REFUSAL OF ADMISSION TO THE TESTS

( STAFF REGULATIONS , ART . 25 , PARA . 2 ; ANNEX III , ARTS . 5 AND 6 )

2.OFFICIALS - DECISIONS ADVERSELY AFFECTING OFFICIALS - OBLIGATION TO STATE THE REASONS ON WHICH THEY ARE BASED - PURPOSE

( STAFF REGULATIONS , ART . 25 , PARA . 2 )

3.OFFICIALS - RECRUITMENT - COMPETITION - REFUSAL OF ADMISSION TO COMPETITION - OBLIGATION TO GIVE A STATEMENT OF REASONS - EXTENT

( STAFF REGULATIONS , ART . 25 , PARA . 2 ; ANNEX III , ART . 5 )

4.OFFICIALS - RECRUITMENT - COMPETITION BASED ON QUALIFICATIONS AND TESTS - REFUSAL OF ADMISSION TO THE TESTS - OBLIGATION TO GIVE A STATEMENT OF REASONS - DETAILED RULES FOR COMPLIANCE

( STAFF REGULATIONS , ART . 25 , PARA . 2 ; ANNEX III , ART . 5 )

5.OFFICIALS - RECRUITMENT - COMPETITION - REFUSAL OF ADMISSION TO COMPETITION - JUDGMENT ANNULLING THAT DECISION - EFFECTS - ADOPTION OF MEASURES NECESSARY FOR ENFORCEMENT OF THE JUDGMENT - PREROGATIVES OF THE DEFENDANT INSTITUTION - POWER OF THE COURT TO MAKE AN ORDER - NONE

( EEC TREATY , ART . 176 )

Summary

1 . ALTHOUGH OBSERVANCE OF THE PRINCIPLE THAT THE PROCEEDINGS OF SELECTION BOARDS ARE TO BE KEPT SECRET STANDS IN THE WAY OF DISCLOSURE BOTH OF THE VIEWS TAKEN BY THE INDIVIDUAL MEMBERS OF SELECTION BOARDS AND OF ANY INFORMATION RELATING TO PERSONAL OR COMPARATIVE ASSESSMENTS OF CANDIDATES , IT CANNOT ABSOLVE A SELECTION BOARD FOR A COMPETITION FROM ITS OBLIGATION TO INFORM A CANDIDATE WHO IS REJECTED AT THE STAGE OF THE SELECTION ON THE BASIS OF QUALIFICATIONS OF THE REASONS FOR THAT DECISION , AT LEAST IN SUMMARY FORM .

2 . THE REQUIREMENT THAT A DECISION ADVERSELY AFFECTING AN OFFICIAL SHOULD STATE THE REASONS ON WHICH IT IS BASED IS INTENDED TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH DETAILS SUFFICIENT TO ALLOW HIM TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY AN ERROR WHICH WILL ALLOW ITS LEGALITY TO BE CONTESTED .

3 . THE REQUIREMENT TO GIVE A STATEMENT OF THE REASONS ON WHICH THE DECISIONS OF SELECTION BOARDS FOR COMPETITIONS REFUSING TO ADMIT CANDIDATES ARE BASED MUST BE EVALUATED HAVING REGARD TO THE DIFFERENT LEVELS AND TYPES OF COMPETITION AND , MORE PARTICULARLY , TO THE NUMBER OF CANDIDATES COMPETING IN EACH OF THEM . IN THE CASE OF COMPETITIONS WHERE THERE IS A LARGE NUMBER OF CANDIDATES , THE STATEMENT OF THE REASONS FOR THE REJECTION OF APPLICATIONS MUST NOT BE SO VOLUMINOUS AS TO PLACE AN INTOLERABLE BURDEN ON THE PROCEEDINGS OF THE SELECTION BOARDS AND THE WORK OF THE PERSONNEL ADMINISTRATION .

4 . IN ORDER TO MAKE ALLOWANCE FOR THE PRACTICAL DIFFICULTIES CONFRONTING A SELECTION BOARD FOR A COMPETITION FOR WHICH THERE IS A VERY LARGE NUMBER OF APPLICATIONS , IT MAY BE ACCEPTED THAT THE SELECTION BOARD MAY INITIALLY SEND TO A CANDIDATE NOT ADMITTED TO THE TESTS MERELY INFORMATION ON THE CRITERIA FOR SELECTION AND THE RESULT THEREOF AND NOT GIVE INDIVIDUAL EXPLANATIONS UNTIL LATER AND TO THOSE CANDIDATES WHO EXPRESSLY REQUEST THEM , ON CONDITION , HOWEVER , THAT THOSE INDIVIDUAL DETAILS ARE SENT BY THE SELECTION BOARD BEFORE THE EXPIRY OF THE PERIOD LAID DOWN BY ARTICLES 90 AND 91 OF THE STAFF REGULATIONS , SO THAT THE RECIPIENTS MAY , IF THEY THINK FIT , AVAIL THEMSELVES OF THEIR RIGHTS .

WHERE THE DECISION REFUSING THE CANDIDATE ADMISSION TO THE TESTS DOES NOT INFORM HIM OF EVEN THE GENERAL CRITERIA ACCORDING TO WHICH THE QUALIFICATIONS OF THE CANDIDATES WERE APPRAISED AND THE SELECTIONS MADE AND DOES NOT CONTAIN ANY STATEMENT , EVEN IN SUMMARY FORM , OF THE REASONS FOR THE DECISION RELATING TO HIM , IT CANNOT BE REGARDED AS STATING THE REASONS ON WHICH IT IS BASED .

5 . THE COURT CANNOT , WITHOUT ENCROACHING UPON THE PREROGATIVES OF THE ADMINISTRATION , ORDER A COMMUNITY INSTITUTION TO ADOPT THE MEASURES NECESSARY FOR THE ENFORCEMENT OF A JUDGMENT BY WHICH A DECISION REFUSING TO ADMIT A CANDIDATE TO A COMPETITION IS ANNULLED .