NEW STAFF REGULATIONS AS GRADE L/A 4, STEP 7 .
IN ACCORDANCE WITH ANNEX I TO THE NEW STAFF REGULATIONS, THE APPLICANT SHOULD TRANSFER TO GRADE L/A 3 CORRESPONDING TO THE POST OF ' HEAD OF THE TRANSLATION DIVISION '. THE TRANSFER FROM GRADE L/A 4 TO GRADE L/A 3 RAISES A DIFFICULTY CAUSED BY THE SILENCE OF THE NEW STAFF REGULATIONS WHEN THE RECLASSIFICATION MUST BE EFFECTED TO A HIGHER GRADE THAN THAT CORRESPONDING TO THE GRADE WHICH THE PERSON CONCERNED HELD IN THE SCALES OF THE FORMER STAFF REGULATIONS .
WITH REGARD TO THE DETERMINATION OF THE STEP, IT IS THEREFORE FOR THE COURT TO ARRIVE AT THE MOST REASONABLE SOLUTION WHICH CORRESPONDS MOST WITH THE ' RATIO LEGIS '.
THE STAFF REGULATIONS EFFECT A REVALUATION OF THE POST BECAUSE OF A MORE FAVOURABLE EVALUATION OF THE DUTIES .
IN THIS CASE THE POST OCCUPIED BY THE APPLICANT, WHICH WAS AN A 4 POST UNDER THE FORMER STAFF REGULATIONS, WAS TRANSFORMED INTO AN A 3 POST .
SINCE THE STAFF REGULATIONS ARE SILENT THE REVALUATION OF THE POST MUST LOGICALLY BE INTERPRETED TO MEAN THAT THE FORMER EVALUATION OF THE POST WAS TOO LOW BY A COMPLETE GRADE .
IN FACT, AS ARTICLE 44 AND THE FIRST PARAGRAPH OF ARTICLE 32 OF THE STAFF REGULATIONS SHOW, THE ESSENTIAL ROLE OF THE STEP IS TO TAKE ACCOUNT OF THE SENIORITY OF THE OFFICIAL AND THUS OF A FACTOR RELATING TO HIS INDIVIDUAL POSITION .
THE SOLE EXCEPTION TO THIS RULE, ESTABLISHED BY THE SECOND PARAGRAPH OF ARTICLE 32 OF THE STAFF REGULATIONS, IS NOT SUCH AS TO INVALIDATE THE REASONING SET FORTH ABOVE, SINCE IT RELATES TO ' THE SPECIAL EXPERIENCE FOR THE POST OF THE PERSON CONCERNED ' AND THUS TO A FACTOR PERSONAL TO THE LATTER .
ON THE OTHER HAND, THE REVALUATION OF THE POST IS BASED ON A CRITERION INDEPENDENT OF THESE FACTORS, THAT IS, BY THE VALUE TO BE ATTRIBUTED IN GENERAL AND ABSTRACT TERMS TO A GIVEN ' BASIC POST '.
CONSEQUENTLY, SINCE THE REVALUATION OF THE POST AND THE DETERMINATION OF THE STEP ARE GUIDED BY ENTIRELY DIFFERENT CRITERIA, LOGIC REQUIRES THAT THE ADVANTAGES ARISING FROM BOTH FOR THE PERSON CONCERNED SHOULD BE ACCUMULATED SEPARATELY, AND CERTANLY NOT SET OFF AGAINST ONE ANOTHER EVEN PARTIALLY .
CONSEQUENTLY, SINCE THE STAFF REGULATIONS ARE SILENT, IT MUST BE ADMITTED THAT IN CASES OF REVALUATION OF A POST, THE PERSON CONCERNED MUST BE CLASSIFIED IN HIS NEW GRADE AT THE SAME STEP AS THAT WHICH HE OCCUPIED IN THE FORMER GRADE .
THE ARGUMENT THAT IF THE STAFF REGULATIONS ARE SILENT, THE REVALUATION OF THE POST SHOULD BE GOVERNED BY THE RULES LAID DOWN WITH REGARD TO PROMOTION MUST BE DISMISSED .
IN FACT, AND IN THE FIRST PLACE, AS FOLLOWS FROM ARTICLE 45 ( 1 ) OF THE STAFF REGULATIONS, PROMOTION DEPENDS EXCLUSIVELY ON THE ' MERITS OF THE OFFICIALS ELIGIBLE ' THEREFORE AND THUS ON A SUBJECTIVE CRITERION, WHICH, AS HAS JUST BEEN