37 OF THE LAW OF 3 JULY 1978 AND THE FORMER ARTICLE 14 OF THE CONSOLIDATED LAWS OF EMPLOYMENT?
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12 THE RELATIONSHIP BETWEEN THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS AND THE DETERMINATION OF THEIR RESPECTIVE FIELDS OF APPLICATION MUST BE DEFINED ON THE BASIS OF THE PROVISIONS UPON WHICH THE SYSTEM GOVERNING THE EUROPEAN PUBLIC SERVICE IS FOUNDED .
13 IT IS APPARENT FROM ARTICLE 24 ( 1 ) OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES OF 8 APRIL 1965 AS WELL AS FROM THE PREAMBLE TO REGULATION NO 259/68 OF THE COUNCIL OF 29 FEBRUARY 1968 LAYING DOWN THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION , 1968 ( I ), P . 30 ), ADOPTED PURSUANT TO THE ABOVE-MENTIONED PROVISION , THAT THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT CONSTITUTE TWO COMPLEMENTARY ACTS INASMUCH AS EACH GOVERNS SPECIFIC CATEGORIES OF SERVANTS : THE STAFF REGULATIONS APPLY TO OFFICIALS STRICTO SENSU AND TO PROBATIONARY OFFICIALS WHILST THE CONDITIONS OF EMPLOYMENT APPLY TO A NUMBER OF OTHER CATEGORIES OF SERVANTS INCLUDING LOCAL STAFF . IT IS THUS APPARENT THAT THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT EACH COVER A CLEARLY DEFINED RANGE OF PERSONS AND THAT ACCORDINGLY IT IS NOT POSSIBLE , EXCEPT WHERE THERE IS AN EXPRESS DEROGATION , FOR A SERVANT TO COME SIMULTANEOUSLY WITHIN THE SCOPE OF BOTH OF THOSE ACTS LAID DOWN BY REGULATION .
14 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT A MEMBER OF THE LOCAL STAFF WHO ACCEPTS AN APPOINTMENT AS A PROBATIONARY OFFICIAL IS SUBJECT TO THE STAFF REGULATIONS ALONE , THE APPLICATION OF WHICH AUTOMATICALLY TERMINATES THE RELATIONSHIPS FORMERLY GOVERNED BY THE CONDITIONS OF EMPLOYMENT WITHOUT ITS BEING NECESSARY FOR THE EMPLOYMENT RELATIONSHIPS THEREUNDER TO BE TERMINATED EXPRESSLY BY THE ADMINISTRATION .
15 THE SITUATION MIGHT BE DIFFERENT ONLY WHERE THE ADMINISTRATION TAKES AN EXPRESS DECISION TO THE CONTRARY . IT IS NECESSARY TO ADD , MOREOVER , THAT THERE IS NOTHING TO PREVENT THE ADMINISTRATION FROM REINSTATING IN HIS FORMER POSITION , UPON THE EXPIRY OF THE PROBATIONARY PERIOD , A SERVANT FORMERLY SUBJECT TO THE CONDITIONS OF EMPLOYMENT BUT THE POST WOULD THEN BE A NEW ONE AND THUS THERE WOULD BE NO RESUMPTION OF THE PREVIOUS EMPLOYMENT RELATIONSHIP .
16 IT SHOULD ALSO BE OBSERVED THAT ALTHOUGH THE PROBATIONARY PERIOD UNDOUBTEDLY INVOLVES A MEASURE OF INSECURITY FOR THE PROBATIONARY OFFICIAL , HE IS NONE THE LESS PROTECTED AGAINST ANY ARBITRARY DISMISSAL BY THE MEANS OF REDRESS PROVIDED FOR IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS . IN COMPARATIVE TERMS , HIS POSITION IN THAT REGARD IS NO MORE INSECURE THAN THAT OF A MEMBER OF THE LOCAL STAFF WHO MAY BE DISMISSED AT ANY TIME FOR INCOMPETENCE SUBJECT TO COMPLIANCE WITH THE APPROPRIATE PROCEDURES AND TIME-LIMITS .
17 IN THE LIGHT OF THE ABOVE