Keywords

Summary



Keywords

1 . OFFICIALS - APPLICATION TO THE COURT - INTEREST IN BRINGING PROCEEDINGS - SUBMISSION OF INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENT - LIMITED DELEGATION OF POWERS - INADMISSIBILITY OF SUBMISSION

( STAFF REGULATIONS , ART . 91 )

2 . OFFICIALS - SCIENTIFIC OR TECHNICAL STAFF - STAFF PAID FROM RESEARCH AND INVESTMENT APPROPRIATIONS - ASSIGNMENT TOGETHER WITH BUDGETARY POST TO TASKS NOT FORMING PART OF A RESEARCH PROGRAMME - NOT PERMISSIBLE

( STAFF REGULATIONS , ART . 92 )

3 . OFFICIALS - SCIENTIFIC OR TECHNICAL STAFF - STAFF PAID FROM RESEARCH AND INVESTMENT APPROPRIATIONS - OFFICIALS OF THE ADMINISTRATIVE OR LANGUAGE STAFF - DIFFERENCE IN TREATMENT - BASIS - SPECIAL FEATURES OF THE DUTIES PERFORMED - VACANCY NOTICE EXCLUDING OFFICIALS PAID FROM RESEARCH APPROPRIATIONS - VACANT POST NOT CONTRIBUTING TO THE FULFILMENT OF A RESEARCH PROGRAMME - DISCRIMINATION - NONE

( STAFF REGULATIONS , ARTS 92 TO 101 )

4 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - DISCRETION OF ADMINISTRATION - DECISION RELATING TO A ROTATION SYSTEM FOR OFFICIALS ASSIGNED TO NON-MEMBER COUNTRIES - LEGAL NATURE

( STAFF REGULATIONS , ART . 110 )

Summary

1 . AN OFFICIAL HAS NO LEGITIMATE INTEREST IN SECURING THE ANNULMENT OF A DECISION FOR A FORMAL DEFECT WHERE THE ADMINISTRATION HAS NO DISCRETION AND IS BOUND TO ACT AS IT DID . IN SUCH A CASE THE ANNULMENT OF THE CONTESTED DECISION COULD ONLY GIVE RISE TO ANOTHER DECISION SUBSTANTIALLY IDENTICAL TO THE DECISION ANNULLED .

2 . OFFICIALS PAID FROM RESEARCH APPROPRIATIONS PURSUE RESEARCH OBJECTIVES SPECIALLY DEFINED BY THE COUNCIL . AN OFFICIAL PAID FROM RESEARCH APPROPRIATIONS CANNOT THEREFORE BE ASSIGNED TOGETHER WITH HIS BUDGETARY POST TO TASKS WHICH ARE NOT PART OF A RESEARCH PROGRAMME SINCE SUCH A PRACTICE WOULD BE IN BREACH OF DECISIONS TAKEN BY THE COUNCIL IN RELATION TO RESEARCH AND OF THE BUDGETARY RULES FOR ALLOCATION OF APPROPRIATIONS .

3 . THE DISTINCTION BETWEEN OFFICIALS OF THE SCIENTIFIC OR TECHNICAL STAFF PAID FROM APPROPRIATIONS IN THE RESEARCH AND INVESTMENT BUDGET AND OFFICIALS OF THE ADMINISTRATIVE OR LANGUAGE STAFF PAID FROM OPERATIONAL APPROPRIATIONS FOLLOWS FROM THE VERY PROVISIONS OF TITLE VIII OF THE STAFF REGULATIONS WHICH INTRODUCES VARIOUS DIFFERENCES OF TREATMENT BETWEEN THOSE TWO CATEGORIES OF STAFF IN CONSIDERATION OF THE SPECIAL FEATURES OF THEIR DUTIES . IT CANNOT THEREFORE BE MAINTAINED THAT A VACANCY NOTICE CREATES UNLAWFUL DISCRIMINATION BETWEEN OFFICIALS OF THE COMMISSION INASMUCH AS IT EXCLUDES FROM CONSIDERATION FOR THE VACANT POST OFFICIALS PAID FROM RESEARCH AND INVESTMENT APPROPRIATIONS , SINCE THE ADDITIONAL DIFFERENCE IS JUSTIFIED BY THE NEED TO ENSURE APPLICATION OF A COMMISSION DECISION IN ACCORDANCE WITH THE DECISIONS TAKEN BY THE COUNCIL IN RELATION TO RESEARCH AND IN ACCORDANCE WITH THE BUDGETARY RULES FOR ALLOCATION OF APPROPRIATIONS .

4 . THE COMMISSION DECISION OF 23 JULY 1975 SETTING UP A ROTATION SYSTEM FOR OFFICIALS ASSIGNED TO DELEGATIONS AND OFFICES IN NON-MEMBER COUNTRIES IS NOT A GENERAL PROVISION FOR GIVING EFFECT TO THE STAFF REGULATIONS AS REFERRED TO IN ARTICLE 110 OF THOSE REGULATIONS BUT FLOWS FROM THE GENERAL POWER WHICH EACH INSTITUTION HAS TO ORGANIZE ITS OWN DEPARTMENTS IN THE INTERESTS OF THEIR EFFICIENT WORKING .