Keywords
Summary

Keywords

1 . OFFICIALS - PLACE OF ORIGIN - PLACE OF USUAL RESIDENCE PRIOR TO RECRUITMENT - DIFFERENT CONCEPTS - DETERMINATION OF THE PLACE OF ORIGIN - CRITERIA - OFFICIAL ' S CENTRE OF INTERESTS

( STAFF REGULATIONS , ANNEX VII , ARTS . 7 ( 3 ))

2 . OFFICIALS - PLACE OF ORIGIN - CENTRE OF INTERESTS - DETERMINATION - CRITERIA - PERMANENT FAMILY TIES AND INTERESTS

( STAFF REGULATIONS , ANNEX VII , ART . 7 ( 3 ))

Summary

1 . THE EXPRESSION ' PLACE OF ORIGIN ' REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 7 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS IS A TECHNICAL TERM USED TO DETERMINE AN OFFICIAL ' S PECUNIARY RIGHTS SO AS TO AVOID CONFUSION BETWEEN THE OFFICIAL ' S PLACE OF ORIGIN AND THE PLACE WHERE HE WAS PERMANENTLY RESIDENT AND PREVIOUSLY EMPLOYED PRIOR TO HIS RECRUITMENT

ACCORDING TO THE AFORESAID PROVISION , THE OFFICIAL ' S PLACE OF ORIGIN IS DETERMINED WHEN HE TAKES UP HIS APPOINTMENT , ACCOUNT BEING TAKEN OF WHERE HE WAS RECRUITED OR THE CENTRE OF HIS INTERESTS .

THE LATTER CONCEPT IS BASED ON THE GENERAL PRINCIPLE OF THE LAW GOVERNING THE PUBLIC SERVICE TO THE EFFECT THAT IT MUST BE POSSIBLE FOR AN OFFICIAL TO RETAIN HIS PERSONAL LINKS WITH THE PLACE WHERE HIS PRINCIPAL INTERESTS ARE SITUATED , NOTWITHSTANDING HIS ENTRY INTO THE SERVICE AND THE DISTANCE BETWEEN THAT PLACE AND THE PLACE OF EMPLOYMENT .

2 . FOR THE DETERMINATION OF THE OFFICIAL ' S CENTRE OF INTERESTS WITHIN THE MEANING OF ARTICLE 7 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS , THE PLACE WHERE THE MARITAL AND FAMILY RESIDENCE OF THE HUSBAND AND WIFE WAS ACTUALLY SITUATED BEFORE EITHER OR BOTH OF THEM ENTERED THE SERVICE CANNOT BE DISREGARDED AS IT IS EVIDENCE OF THE OFFICIAL ' S MAIN FAMILY TIES . SIMILARLY , ACCOUNT MAY BE TAKEN OF PERMANENT HERITABLE INTERESTS OTHER THAN A RIGHT IN REM RECORDED IN PUBLIC REGISTERS .