Keywords

Summary



Keywords

1 . OFFICIALS - DECISION RELATING TO A SPECIFIC INDIVIDUAL - REASSIGNMENT IN THE COURSE OF A DEPARTMENTAL REORGANIZATION - COMMUNICATION IN WRITING

( STAFF REGULATIONS , ART . 25 )

2 . OFFICIALS - DECISION RELATING TO A SPECIFIC INDIVIDUAL - LATE COMMUNICATION - EFFECTS

( STAFF REGULATIONS , ART . 25 )

3 . OFFICIALS - DECISION ADVERSELY AFFECTING AN OFFICIAL - REASSIGNMENT IN THE COURSE OF A DEPARTMENTAL REORGANIZATION - DUTY TO STATE GROUNDS - SCOPE

( STAFF REGULATIONS , ART . 25 )

4 . OFFICIALS - DECISION OF ADMINISTRATION NOT CAUSING SERIOUS DETRIMENT TO PERSON CONCERNED - DUTY TO CONSULT IN ADVANCE - NONE

5 . OFFICIALS - DUTY OF CARE ON PART OF ADMINISTRATION - TAKING INTO ACCOUNT OFFICIAL ' S INTERESTS - LIMITS - RATIONALIZATION OF DEPARTMENTS

6 . PROCEDURE - COSTS - SUCCESSFUL PARTY ORDERED TO PAY

( RULES OF PROCEDURE , SECOND SUBPARAGRAPH OF ART . 69 ( 3 ))

Summary

1 . EVEN IF IT IS TAKEN IN THE CONTEXT OF A GENERAL DEPARTMENTAL REORGANIZATION , THE DECISION TO ASSIGN AN OFFICIAL ELSEWHERE CONSTITUTES A DECISION RELATING TO A SPECIFIC INDIVIDUAL THE COMMUNICATION OF WHICH IN WRITING , IN PURSUANCE OF ARTICLE 25 OF THE STAFF REGULATIONS , MAY NOT BE REPLACED EITHER BY THE PUBLICATION OF THE NEW DETAILED LIST OF POSTS OR BY THE OFFICIAL ' S BEING INTERVIEWED BY HIS SUPERIORS .

2 . SINCE THE COMMUNICATION TO THE PERSON CONCERNED OF A DECISION RELATING TO A SPECIFIC INDIVIDUAL IS AN ACT SUBSEQUENT TO THE DECISION AND THEREFORE HAS NO INFLUENCE ON ITS CONTENTS , A DELAY IN THE COMMUNICATION CANNOT RESULT IN THE ANNULMENT OF THE DECISION IN QUESTION OR CONSTITUTE SUFFICIENT REASON TO ORDER THE ADMINISTRATION TO PAY DAMAGES , UNLESS THE PERSON CONCERNED WERE TO ESTABLISH THE EXISTENCE OF DAMAGE CAUSED SIMPLY BY THE FACT THAT THE COMMUNICATION WAS LATE .

3 . THE DUTY TO GIVE A STATEMENT OF THE GROUNDS FORMING THE BASIS OF A DECISION , ADOPTED IN THE CONTEXT OF A DEPARTMENTAL REORGANIZATION , TO ASSIGN AN OFFICIAL ELSEWHERE MUST BE RELATED TO THE EXTENT OF THE DISCRETIONARY POWER WHICH THE APPOINTING AUTHORITY EXERCISES IN THIS CONNECTION AND TO THE MARGINAL NATURE OF THE DISADVANTAGES WHICH MAY RESULT FOR THE OFFICIAL CONCERNED FROM A REASSIGNMENT WHICH DOES NOT AFFECT HIS GRADE OR HIS MATERIAL SITUATION , ALTHOUGH A STATEMENT OF GROUNDS WHICH MERELY REFERS TO THE REORGANIZATION WHICH HAS OCCURRED IS NOT THEREBY JUSTIFIED .

IN ORDER TO DECIDE WHETHER THE DECISION CONCERNING THE REASSIGNMENT MEETS THE REQUIREMENT LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS , IT IS ADVISABLE TO TAKE INTO CONSIDERATION NOT ONLY THE DOCUMENT BY WHICH IT IS COMMUNICATED BUT ALSO THE CIRCUMSTANCES IN WHICH IT WAS TAKEN AND BROUGHT TO THE KNOWLEDGE OF THE OFFICIAL AND TO INVESTIGATE IN PARTICULAR WHETHER THE PERSON CONCERNED WAS ALREADY IN POSSESSION OF THE INFORMATION ON WHICH THE ADMINISTRATION STATES THAT THE DECISION WAS BASED .

4 . IN THE ABSENCE OF AN EXPRESS PROVISION IN THE STAFF REGULATIONS , IT IS NOT POSSIBLE TO DRAW THE CONCLUSION THAT THERE IS A DUTY ON THE PART OF THE ADMINISTRATION TO CONSULT THE OFFICIAL ON A DECISION WHICH IT INTENDS TO TAKE IN RELATION TO HIM , WHERE SUCH A DECISION CANNOT BE REGARDED AS A MEASURE CAUSING SERIOUS DETRIMENT TO THE OFFICIAL CONCERNED . NEVERTHELESS , IT WOULD BE IN ACCORDANCE WITH THE REQUIREMENTS OF GOOD FAITH AND MUTUAL TRUST , WHICH SHOULD CHARACTERIZE THE RELATIONSHIP BETWEEN OFFICIALS AND THE ADMINISTRATION , THAT THE LATTER SHOULD , AS FAR AS POSSIBLE , PUT THE OFFICIAL IN A POSITION TO MAKE KNOWN HIS POINT OF VIEW ON THE PROJECTED DECISION .

5 . ALTHOUGH IT IS THE CASE THAT , IN TAKING A DECISION CONCERNING THE SITUATION OF AN OFFICIAL , THE APPOINTING AUTHORITY MUST TAKE INTO ACCOUNT NOT ONLY THE INTERESTS OF THE SERVICE BUT ALSO THOSE OF THE OFFICIAL CONCERNED , THIS CONSIDERATION CANNOT PREVENT THE AUTHORITY FROM UNDERTAKING A RATIONALIZATION OF DEPARTMENTS IF IT BELIEVES THAT THIS IS NECESSARY .

6 . AN OFFICIAL CANNOT BE BLAMED FOR HAVING BROUGHT BEFORE THE COURT A DISPUTE WHICH AROSE LARGELY AS A RESULT OF THE PROCEDURE FOLLOWED BY THE DEFENDANT INSTITUTION IN ADOPTING A DECISION CONCERNING HIM AND OF THE LACK OF CONSIDERATION WHICH THAT PROCEDURE DISPLAYED IN RELATION TO HIM . IT IS THEREFORE FITTING TO APPLY THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE , WHICH PROVIDES THAT THE COURT MAY ORDER EVEN A SUCCESSFUL PARTY TO PAY COSTS IN PROCEEDINGS WHICH HAVE ARISEN AS A RESULT OF HIS OWN CONDUCT .