OPINION IN QUESTION THE APPLICANT PUTS FORWARD A SERIES OF COMPLAINTS BASED IN PARTICULAR ON THE IRREGULAR NATURE OF THE INTEGRATION PROCEDURE AND THE FACTUAL INACCURACY OF THE ALLEGATIONS MADE AGAINST HIM .
1 . ON THE SUBMISSIONS BASED ON THE IRREGULARITY OF THE PROCEDURE
A - THE DELAY IN PREPARING THE PROBATION REPORT AND THE FAILURE OF THE ESTABLISHMENT BOARD TO HEAR MR GILLOT
THE APPLICANT PROTESTS THAT HIS PROBATION REPORT WAS DRAWN UP EXTREMELY BELATEDLY .
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ALTHOUGH THE APPLICANT'S PROBATIONARY PERIOD ENDED ON 30 APRIL 1961, THE REPORT WAS NOT DRAWN UP UNTIL 17 MAY 1962 AND THEN BY MR LAURENT WHOSE RELATIONS WITH THE APPLICANT HAD BEEN STRAINED .
OUT OF THIRTEEN COMMENTS ON THE APPLICANT IN THE REPORT TWO ARE LESS THAN ' SATISFACTORY ', NAMELY, THOSE ON HIS ' ADAPTABILITY ' AND ' ABILITY TO WORK IN A TEAM '.
ON THE OTHER HAND, HAD THE REPORT IN QUESTION BEEN DRAWN UP AT THE PROPER TIME, THAT IS, IN MAY 1961, IT WOULD HAVE HAD TO BE DRAFTED BY THE IMMEDIATE SUPERIOR UNDER WHOM THE APPLICANT WORKED DURING THAT PERIOD .
THE DEFENDANT HAS NOT DISPUTED THE APPLICANT'S ALLEGATION THAT IN JUNE 1961 THE DIRECTOR OF THE CENTRE ' HAD EXPRESSED HIS SATISFACTION AND CONGRATULATED THE GROUP WHICH, ALTHOUGH THE LAST TO BE SET UP, WAS THE FIRST TO HAVE SUCCEEDED IN DEMONSTRATING ITS COHESION, FROM THE POINT OF VIEW BOTH OF ITS RESEARCH WORK AND OF ITS INTERNATIONAL CHARACTER '.
WHEN ASKED BY THE COURT WHAT HE WOULD HAVE DONE AS THE APPLICANT'S SUPERIOR, MR GILLOT ASSESSED HIM IN GLOWING TERMS WITHOUT ANY RESERVATIONS AND STATED : ' I WOULD CERTAINLY HAVE RECOMMENDED HIM FOR INTEGRATION '.
THE APPLICANT WAS ABLE TO REFER, BEFORE THE ESTABLISHMENT BOARD, TO ALL THE DOCUMENTS IN HIS PERSONAL FILE WHICH WERE FAVOURABLE TO HIM .
IF HE HAD BEEN ABLE TO REFER TO A GLOWING REPORT BY MR GILLOT, THIS SHOULD LOGICALLY HAVE LED THE SAID BOARD TO HAVE RESERVATIONS ABOUT THE LESS FAVOURABLE COMMENTS MADE BY OTHER SUPERIORS UNDER WHOM THE APPLICANT HAD WORKED FOR SHORTER PERIODS AND, IN PARTICULAR, ABOUT THOSE OF MR MARCHETTI, WHOSE ROLE WILL BE EXAMINED BELOW .
IT WAS THE DUTY OF THE DEFENDANT AND THE ESTABLISHMENT BOARD TO INVESTIGATE ALL SOURCES OF INFORMATION FAVOURABLE TO THE CANDIDATE .
THE ABOVE FACTS THEREFORE CONSTITUTE AN IRREGULARITY OF PROCEDURE .
B - THE DEFENDANT'S FAILURE TO MAKE AVAILABLE TO THE ESTABLISHMENT BOARD THE REPORT OF THE CONSOLO COMMITTEE
THE APPLICANT CONSIDERS A FURTHER ILLEGALITY TO HAVE EXISTED IN THE FACT THAT NEITHER THE MAJORITY OF THE MEMBERS OF THE ESTABLISHMENT BOARD, NOR HE HIMSELF WHEN HE GAVE EVIDENCE BEFORE IT, WAS AWARE OF THE REPORT OF THE COMMITTEE PRESIDED OVER BY MR CONSOLO WHICH WAS CHARGED WITH INQUIRING INTO THE APPLICANT'S COMPLAINT THAT THE ISPRA AUTHORITIES HAD MADE IT IMPOSSIBLE FOR HIM TO WORK IN SATISFACTORY CONDITIONS .
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AS HAS JUST BEEN FOUND, IT WAS THE DUTY OF THE DEFENDANT TO