Keywords

Summary



Keywords

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1 . OFFICIALS - APPLICATIONS TO THE COURT - OBJECTION OF ILLEGALITY - MEASURES THE ILLEGALITY OF WHICH MAY BE PLEADED - PROCEDURES FOR THE TRANSFER OF OFFICIALS IN THE SCIENTIFIC AND TECHNICAL SERVICES FROM CATEGORY B TO CATEGORY A

( STAFF REGULATIONS, ART . 91 )

2 . OFFICIALS - SCIENTIFIC AND TECHNICAL SERVICES - TRANSFER FROM CATEGORY B TO CATEGORY A - DISCRETION OF THE ADMINISTRATION REGARDING THE CHOICE OF PROCEDURE APPLICABLE

( STAFF REGULATIONS, ART . 45 ( 2 ) AND THE SECOND PARAGRAPH OF ART . 98 )

3 . OFFICIALS - SCIENTIFIC AND TECHNICAL SERVICES - TRANSFER FROM CATEGORY B TO CATEGORY A - ASSESSMENT BY AN AD HOC COMMITTEE OF THE CANDIDATES' MERITS - IMPOSSIBLE FOR THE CANDIDATES TO BE AWARE OF OR CHALLENGE CERTAIN OF THE FACTORS ASSESSED - INFORMATION FAVOURABLE TO THE REJECTED CANDIDATES - IRREGULARITY IRRELEVANT .

Summary

1 . IN THE CONTEXT OF THE RIGHT OF ACTION MADE AVAILABLE BY ARTICLE 91 OF THE STAFF REGULATIONS, AN OFFICIAL MAY, IN ORDER TO CHALLENGE AN INDIVIDUAL DECISION AFFECTING HIM, INVOKE THE ILLEGALITY OF A MEASURE OF A GENERAL NATURE IMPLEMENTED BY THAT DECISION .

THE "PROCEDURES TO BE IMPLEMENTED PRIOR TO DECISIONS ON THE TRANSFER FROM CATEGORY B TO CATEGORY A OF OFFICIALS AND TEMPORARY STAFF IN THE SCIENTIFIC AND TECHNICAL SERVICES" CONSTITUTE SUCH A MEASURE . ALTHOUGH THOSE PROCEDURES MAY NOT BE REGARDED AS RULES OF LAW WHICH THE ADMINISTRATION IS ALWAYS BOUND TO OBSERVE, THEY NEVERTHELESS FORM RULES OF PRACTICE FROM WHICH THE ADMINISTRATION MAY NOT DEPART WITHOUT GIVING THE REASONS WHICH LED IT TO DO SO, WHICH MUST BE COMPATIBLE WITH THE PRINCIPLE OF EQUAL TREATMENT .

2 . ALTHOUGH ARTICLE 45 ( 2 ) OF THE STAFF REGULATIONS, WHICH PROVIDES THAT AN OFFICIAL MAY BE TRANSFERRED FROM ONE SERVICE TO ANOTHER OR PROMOTED FROM ONE CATEGORY TO ANOTHER ONLY ON THE BASIS OF A COMPETITION, TAKEN TOGETHER WITH THE SECOND PARAGRAPH OF ARTICLE 98, WHICH PROVIDES THAT THIS PRINCIPLE DOES NOT APPLY TO OFFICIALS IN THE SCIENTIFIC AND TECHNICAL SERVICES, ALLOW THE APPOINTING AUTHORITY TO TRANSFER OFFICIALS IN THE SCIENTIFIC AND TECHNICAL SERVICES TO A HIGHER CATEGORY WITHOUT HOLDING A COMPETITION, THEY HAVE NEITHER THE OBJECT NOR THE EFFECT OF PROHIBITING IT FROM HOLDING ONE .

BEARING IN MIND ITS DISCRETION IN THE MATTER, THE APPOINTING AUTHORITY MAY INSTITUTE A SUI GENERIS PROCEDURE BASED ON THE COMPETITION PROCEDURE BUT DIFFERING FROM IT IN CERTAIN RESPECTS . IN SUCH A CASE IT IS NOT REQUIRED TO COMPLY WITH THE PROVISIONS OF ANNEX III TO THE STAFF REGULATIONS .

3 . REGARDING THE TRANSFER FROM CATEGORY B TO CATEGORY A OF OFFICIALS IN THE SCIENTIFIC AND TECHNICAL SERVICES, IF THE AD HOC COMMITTEE RESPONSIBLE FOR ASSESSING THE CANDIDATES' MERITS BASES ITS JUDGMENT ON FACTS SUCH AS INFORMATION AND OPINIONS OBTAINED FROM CANDIDATES' SUPERIORS THE CANDIDATES MUST FIRST HAVE THE OPPORTUNITY TO STATE THEIR VIEWS ON THE OPINIONS EXPRESSED BY THEIR SUPERIORS .

HOWEVER, FAILURE TO OBSERVE THAT FORMALITY IS NOT SUCH AS TO VITIATE THE SELECTION PROCEDURE IN A CASE WHERE THE OPINIONS CONCERNING THE UNSUCCESSFUL CANDIDATES WERE FAVOURABLE AND IT CANNOT THEREFORE BE CONCLUDED THAT IF THE IRREGULARITY HAD NOT BEEN COMMITTED, THE AD HOC COMMITTEE WOULD HAVE DECIDED DIFFERENTLY .