Keywords
Summary

Keywords

OFFICIALS - DISCIPLINARY MEASURES - DISCIPLINARY PROCEDURE NOT INVOLVING THE DISCIPLINARY BOARD - RIGHT OF THE OFFICIAL TO BE ASSISTED IN HIS DEFENCE BY A PERSON OF HIS OWN CHOICE - REFUSAL OF THE ADMINISTRATION TO ALLOW THE OFFICIAL ' S COUNSEL ACCESS TO THE DISCIPLINARY FILE - INFRINGEMENT OF THE RIGHTS OF THE DEFENCE

( STAFF REGULATIONS , ART . 87 AND ANNEX IX )

Summary

NEITHER ARTICLE 87 OF THE STAFF REGULATIONS OF OFFICIALS NOR ANNEX IX THERETO , NOR THOSE TWO PROVISIONS READ IN CONJUNCTION , ALLOW A DISTINCTION TO BE DRAWN BETWEEN THE DIFFERENT DEFENCES OF WHICH AN OFFICIAL MAY AVAIL HIMSELF IN THE COURSE OF DISCIPLINARY PROCEEDINGS DEPENDING UPON WHETHER OR NOT THOSE PROCEEDINGS ENTAIL A REFERENCE TO THE DISCIPLINARY BOARD OR ACCORDING TO THE SEVERITY OF THE DISCIPLINARY MEASURE WHICH MIGHT BE IMPOSED ON THE OFFICIAL . THE SECOND PARAGRAPH OF ARTICLE 14 OF ANNEX IX TO THE STAFF REGULATIONS CANNOT BE INTERPRETED AS PRECLUDING THE POSSIBILITY THAT THE OFFICIAL MAY BE ASSISTED IN HIS DEFENCE IN ALL CASES IN WHICH THE DISCIPLINARY PROCEEDINGS INITIATED AGAINST HIM ARE NOT THOSE GOVERNED BY THAT ANNEX .

THUS , THE REFUSAL OF THE ADMINISTRATION TO ALLOW THE OFFICIAL ' S COUNSEL ACCESS TO THE DISCIPLINARY FILE IN THE COURSE OF PROCEEDINGS IN WHICH THE DISCIPLINARY BOARD IS NOT CONSULTED CONSTITUTES A BREACH OF A FUNDAMENTAL LEGAL PRINCIPLE WHICH THE COURT IS BOUND TO UPHOLD WITHIN THE COMMUNITY LEGAL ORDER .