Keywords

Summary



Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - ACT WHICH MAY BE OBJECTIVELY CONSIDERED AS A FINAL DECISION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - TRANSFER - RE-ASSIGNMENT - BASIS OF DISTINCTION - SAME CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ARTS 4 , 7 ( 1 ) AND 29 )

3 . OFFICIALS - POSTING - OBLIGATION OF THOSE CONCERNED TO ACCEPT , IN ANY PART OF THE COMMUNITY , ANY POSTING COMPATIBLE WITH THEIR GRADE

( STAFF REGULATIONS OF OFFICIALS , ART . 7 ( 1 ))

4 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - DISCRETIONARY POWER OF THE ADMINISTRATION - BOUNDS - OBSERVANCE OF GUARANTEES PROVIDED BY THE STAFF REGULATIONS - OFFICIALS ' CONSENT TO A RE-ASSIGNMENT NOT REQUIRED

5 . OFFICIALS - POST - NON-ALTERATION OF PLACE OF EMPLOYMENT - RESTRICTED TO LOCAL STAFF - NOT APPLICABLE TO OFFICIALS EMPLOYED UNDER THE STAFF REGULATIONS OR TO CERTAIN CATEGORIES OF THEM

( STAFF REGULATIONS OF OFFICIALS , ART . 7 ( 1 ); CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ART . 4 )

6 . OFFICIALS - DECISION ADVERSELY AFFECTING AN OFFICIAL - OBLIGATION TO STATE GROUNDS - SCOPE

( STAFF REGULATIONS OF OFFICIALS , SECOND PARAGRAPH OF ART . 25 )

Summary

1 . THE ADMISSIBILITY OF AN ACTION CHALLENGING A COMMUNICATION FROM THE ADMINISTRATION CANNOT BE QUESTIONED ON THE GROUND THAT THE COMMUNICATION IS MERELY AN ACT PREPARATORY TO A DECISION YET TO BE MADE BY THE APPOINTING AUTHORITY , WHERE ITS CONTENT AND THE NATURE OF ITS SOURCE ARE SUCH THAT IT MAY BE OBJECTIVELY CONSIDERED AS AMOUNTING TO A FINAL DECISION TAKEN BY THE APPROPRIATE ADMINISTRATIVE AUTHORITY .

2 . WITHIN THE GENERAL SCHEME OF THE STAFF REGULATIONS OF OFFICIALS THERE IS A TRANSFER , IN THE STRICT SENSE OF THE TERM , ONLY WHERE AN OFFICIAL IS TRANSFERRED TO A VACANT POST . IT FOLLOWS THAT ANY TRANSFER , PROPERLY SO CALLED , IS SUBJECT TO THE FORMALITIES PRESCRIBED BY ARTICLES 4 AND 29 OF THE STAFF REGULATIONS . HOWEVER , THOSE FORMALITIES DO NOT APPLY WHEN AN OFFICIAL IS RE-ASSIGNED WITH HIS POST BECAUSE SUCH A TRANSFER DOES NOT GIVE RISE TO A VACANT POST .

NONE THE LESS , DECISIONS RE-ASSIGNING OFFICIALS ARE SUBJECT IN THE SAME WAY AS TRANSFERS , AS REGARDS SAFEGUARDING THE RIGHTS AND LEGITIMATE INTERESTS OF THE OFFICIALS CONCERNED , TO THE PROVISIONS OF ARTICLE 7 ( 1 ) OF THE STAFF REGULATIONS , INASMUCH AS OFFICIALS MAY BE RE-ASSIGNED ONLY IN THE INTERESTS OF THE SERVICE AND IN COMPLIANCE WITH THE REQUIREMENT THAT POSTS MUST CORRESPOND TO THE OFFICIALS ' GRADES .

3 . THE WAY IN WHICH THE COMMUNITY ' S ADMINISTRATION FUNCTIONS IMPLIES A DUTY ON THE PART OF EVERY EUROPEAN OFFICIAL TO ACCEPT ANY ASSIGNMENT PROVIDED THAT IT IS CONSISTENT WITH THE CATEGORY AND GRADE OF HIS POST AND IN ACCORDANCE WITH THE REQUIREMENTS OF THE SERVICE , THROUGHOUT THE COMMUNITY , IN EVERY PLACE OF EMPLOYMENT WITHIN THE INSTITUTION IN WHICH HE TOOK UP HIS DUTIES . CONSTRAINTS OF A PERSONAL AND FAMILY NATURE TO WHICH THOSE CONDITIONS MAY GIVE RISE IN THE OPERATION OF THE SERVICE ARE COMPENSATED FOR BY THE ADVANTAGES AND PRIVILEGES CONFERRED BY THE CONDITIONS OF EMPLOYMENT IN THE EUROPEAN PUBLIC SERVICE .

4 . THE COMMUNITY INSTITUTIONS ARE AT LIBERTY TO ORGANIZE THEIR OFFICES TO SUIT THE TASKS ENTRUSTED TO THEM AND TO ASSIGN THE STAFF AVAILABLE TO THEM IN THE LIGHT OF SUCH TASKS , PROVIDED THAT THEY OBSERVE THE GUARANTEES EMBODIED IN THE STAFF REGULATIONS AND IN PARTICULAR THE RULE IN ARTICLE 7 OF THE STAFF REGULATIONS WHICH PROVIDES EVERY OFFICIAL WITH THE ASSURANCE OF BEING GIVEN A POST SUITED TO HIS CATEGORY AND GRADE WHATEVER THE CIRCUMSTANCES . THERE IS NO SUPPORT IN THE STAFF REGULATIONS FOR THE ARGUMENT THAT A RE-ASSIGNMENT CANNOT NORMALLY OCCUR WITHOUT THE AGREEMENT OF THE OFFICIAL CONCERNED ; THAT WOULD HAVE THE EFFECT OF IMPOSING AN INTOLERABLE RESTRICTION ON THE INSTITUTIONS ' DISCRETION IN ORGANIZING THEIR SERVICES AND IN ADAPTING THAT ORGANIZATION TO CHANGING REQUIREMENTS .

5 . IT WOULD BE CONTRARY TO THE SPIRIT OF THE STAFF REGULATIONS , WHICH ARE THE SAME FOR ALL THOSE GOVERNED BY THEM , TO INTRODUCE DIFFERENT TREATMENT FOR EACH CATEGORY REGARDING THE GEOGRAPHICAL ASSIGNMENT OF OFFICIALS . ONLY LOCAL STAFF , WHO ARE RECRUITED UNDER CONTRACT IN A PARTICULAR PLACE , ARE ENTITLED TO OBJECT TO A CHANGE IN THEIR PLACE OF EMPLOYMENT BECAUSE FOR THEM THE CONTINUITY OF SERVICE AT THEIR PLACE OF WORK IS PART OF THEIR ACTUAL CONDITIONS OF EMPLOYMENT ; THAT CONTINUITY IS , MOREOVER , BALANCED BY THE FACT THAT SUCH STAFF DO NOT ENJOY THE BENEFITS CONFERRED ON OFFICIALS UNDER THE STAFF REGULATIONS .

6 . A DECISION ADVERSELY AFFECTING AN OFFICIAL DOES NOT REQUIRE A SPECIFIC STATEMENT OF THE GROUNDS ON WHICH IT IS BASED IF , ACCOUNT BEING TAKEN OF THE CONTEXT IN WHICH IT WAS MADE AND WHICH WAS WELL KNOWN TO THE OFFICIAL CONCERNED , THE LATTER WAS AWARE BOTH OF THE GROUNDS FOR THE MEASURE AND OF THE OPPORTUNITY FOR HIM TO PRESENT ANY OBJECTIONS HE MIGHT HAVE .