Keywords
Summary

Keywords

1 . OFFICIALS - ACTIONS - DECISION OF A SELECTION BOARD FOR A COMPETITION - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - NOT OBLIGATORY - SUBMISSION OF SUCH A COMPLAINT - CONSEQUENCES - TIME-LIMIT FOR BRINGING AN APPLICATION TO THE COURT REMAINS INTACT - COMPLIANCE WITH THE PROCEDURAL CONSTRAINTS ASSOCIATED WITH COMPLAINTS THROUGH OFFICIAL CHANNELS

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - SAME SUBJECT-MATTER AND LEGAL BASIS - SUBMISSIONS AND ARGUMENTS NOT MADE IN THE COMPLAINT BUT CLOSELY RELATED TO IT - ADMISSIBILITY

( STAFF REGULATIONS , ARTS 90 AND 91 )

3 . OFFICIALS - RECRUITMENT - COMPETITIONS - CONDUCT OF WRITTEN TESTS - PRESENCE OF A MEMBER OF THE SELECTION BOARD - NOT OBLIGATORY

Summary

1 . THE LEGAL REMEDY OPEN TO PERSONS CONCERNED BY A DECISION OF A SELECTION BOARD NORMALLY LIES IN A DIRECT APPLICATION TO THE COURT . ALTHOUGH THE SUBMISSION OF A COMPLAINT THROUGH OFFICIAL CHANNELS , WHATEVER ITS LEGAL SIGNIFICANCE , EXTENDS THE PERIOD FOR BRINGING THE MATTER BEFORE THE COURT , THAT DOES NOT MEAN THAT SUCH PERSONS MAY IGNORE THE PROCEDURAL CONSTRAINTS ASSOCIATED WITH THE PATH WHICH THEY HAVE CHOSEN .

2 . THE OBJECTIVE OF ARTICLE 91 OF THE STAFF REGULATIONS , WHICH REQUIRES A PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS , IS TO PERMIT AND ENCOURAGE THE AMICABLE SETTLEMENT OF DIFFERENCES WHICH HAVE ARISEN BETWEEN OFFICIALS AND THE ADMINIS TRATION . IN ORDER TO COMPLY WITH THAT REQUIREMENT IT IS ESSENTIAL THAT THE ADMINISTRATION SHOULD BE IN A POSITION TO KNOW THE COMPLAINTS OR WISHES OF THE PERSON CONCERNED . ON THE OTHER HAND , IT IS NOT THE PURPOSE OF THAT PROVISION TO BIND STRICTLY AND ABSOLUTELY THE CONTENTIOUS STAGE OF THE PROCEEDINGS , IF ANY , PROVIDED THAT THE CLAIMS SUBMITTED AT THAT STAGE CHANGE NEITHER THE LEGAL BASIS NOR THE SUBJECT-MATTER OF THE COMPLAINT .

CONSEQUENTLY , AFTER THE EXPIRY OF THE TIME-LIMIT FOR BRINGING AN APPLICATION DIRECTLY BEFORE THE COURT AN OFFICIAL WHO , ALTHOUGH NOT OBLIGED TO DO SO IN A MATTER CONCERNING A DECISION OF A SELECTION BOARD , HAS PREFERRED TO MAKE A COMPLAINT THROUGH ADMINISTRATIVE CHANNELS FIRST MAY NOT SUBMIT TO THE COURT CONCLUSIONS WITH A SUBJECT-MATTER OTHER THAN THOSE RAISED IN THE COMPLAINT OR PUT FORWARD HEADS OF CLAIM BASED ON MATTERS OTHER THAN THOSE RELIED ON IN THE COMPLAINT . THE SUBMISSIONS AND ARGUMENTS MADE TO THE COURT IN SUPPORT OF THOSE HEADS OF CLAIM NEED NOT NECESSARILY APPEAR IN THE COMPLAINT , BUT MUST BE CLOSELY LINKED TO IT .

3 . NO PROVISION OF THE STAFF REGULATIONS OR GENERAL PRINCIPLE OF LAW REQUIRES THAT A MEMBER OF THE SELECTION BOARD SHOULD BE PRESENT DURING THE WRITTEN TESTS OF A COMPETITION .