Keywords
Summary

Keywords

1 . OFFICIALS - ACTION - PRELIMINARY ADMINISTRATIVE COMPLAINT - SAME SUBJECT-MATTER AND LEGAL BASIS

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITIONS - COMPETITION INTENDED TO REGULARIZE THE ADMINISTRATIVE POSITION OF A PARTICULAR OFFICIAL - MISUSE OF POWERS

3 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARD - INDEPENDENCE - LIMITS - ADOPTION OF UNLAWFUL DECISIONS - DUTIES OF THE APPOINTING AUTHORITY

Summary

1 . IN REQUIRING A PRIOR ADMINISTRATIVE COMPLAINT ARTICLE 91 OF THE STAFF REGULATIONS IS INTENDED TO PERMIT AND ENCOURAGE THE AMICABLE SETTLEMENT OF DIFFERENCES WHICH HAVE ARISEN BETWEEN OFFICIALS AND THE ADMINISTRATION . IN ORDER TO COMPLY WITH THAT REQUIREMENT IT IS ESSENTIAL THAT THE ADMINISTRATION SHOULD BE IN A POSITION TO KNOW WITH SUFFICIENT CERTAINTY THE COMPLAINTS OR REQUESTS 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 , IT IS SUFFICIENT THAT THE OFFICIAL OR MEMBER OF THE STAFF CONCERNED SHOULD SUBMIT TO THE COURT CLAIMS WHICH HAVE THE SAME SUBJECT-MATTER AS THOSE SET OUT IN THE COMPLAINT AND SECONDLY THAT THE HEADS OF CLAIM SHOULD BE BASED ON THE SAME MATTERS AS THOSE RELIED ON IN THE COMPLAINT .

2 . A COMPETITION ORGANIZED BY THE APPOINTING AUTHORITY FOR THE SOLE PURPOSE OF REMEDYING THE ANOMALOUS ADMINISTRATIVE STATUS OF A SPECIFIC OFFICIAL AND OF APPOINTING THAT OFFICIAL TO THE POST DECLARED VACANT IS CONTRARY TO THE AIMS OF ANY RECRUITMENT PROCEDURE AND THUS CONSTITUTES A MISUSE OF POWERS .

3 . IN VIEW OF THE INDEPENDENCE OF SELECTION BOARDS , THE INSTITUTION IN QUESTION HAS NO POWER TO ANNUL OR AMEND THE SELECTION BOARD ' S DECISION . NEVERTHELESS , IN THE EXERCISE OF ITS OWN POWERS , THE APPOINTING AUTHORITY CANNOT BE BOUND BY A DECISION OF THE SELECTION BOARD THE UNLAWFULNESS OF WHICH WOULD BE LIABLE AS A CONSEQUENCE TO VITIATE ITS OWN DECISIONS . IT THEREFORE HAS TO VERIFY THE LEGALITY OF DECISIONS TAKEN BY THE SELECTION BOARD AS REGARDS IN PARTICULAR ALLOWING CANDIDATES TO TAKE PART IN COMPETITIONS . WHERE THE SELECTION BOARD HAS WRONGLY ALLOWED A CANDIDATE TO TAKE PART IN A COMPETITION AND PUT HIS NAME ON THE LIST OF SUITABLE CANDIDATES , THE APPOINTING AUTHORITY MUST EXPRESS ITS REFUSAL TO APPOINT THE CANDIDATE BY WAY OF A REASONED DECISION FROM WHICH THE COURT CAN , IF NECESSARY , JUDGE WHETHER THE REFUSAL IS WELL FOUNDED .