Keywords
Summary

Keywords

1 . OFFICIALS - STAFF REGULATIONS - REGULATION AMENDING THE STAFF REGULATIONS - FORMULATION PROCEDURE - REGULAR CONSULTATION WITH THE PARLIAMENT - ESSENTIAL PROCEDURAL REQUIREMENT - SCOPE

( MERGER TREATY , ART . 24 )

2 . APPLICATION FOR ANNULMENT - SUBMISSIONS - MISUSE OF POWER - CONCEPT

3 . OFFICIALS - EQUALITY OF TREATMENT - DIFFERENCE OF TREATMENT AS BETWEEN SERVING OFFICIALS AND PENSIONERS - ABSENCE OF DISCRIMINATION

Summary

1 . THE CONSULTATION PROVIDED FOR BY ARTICLE 24 OF THE MERGER TREATY , WHICH IN PARTICULAR ENABLES THE PARLIAMENT EFFECTIVELY TO PARTICIPATE IN THE COMMUNITY ' S LEGISLATIVE PROCESS , IS AN ESSENTIAL FEATURE OF THE INSTITUTIONAL BALANCE WHICH THE TREATIES SEEK TO ACHIEVE . REGULAR CONSULTATION WITH THE PARLIAMENT BEFORE THE ADOPTION OF A REGULATION AMENDING THE STAFF REGULATIONS OF OFFICIALS CONSTITUTES THEREFORE AN ESSENTIAL PROCEDURAL REQUIREMENT , THE DISREGARD OF WHICH RENDERS THE REGULATION IN QUESTION VOID .

THAT REQUIREMENT MAY BE REGARDED AS HAVING BEEN MET WHEN THE REGULATION FINALLY ADOPTED CONFORMS TO THE PROPOSAL SUBMITTED TO THE PARLIAMENT , SO LONG AS CHANGES MADE ARE OF METHOD RATHER THAN OF SUBSTANCE .

2 . THE MISUSE OF POWER HAS A PRECISELY DEFINED SCOPE : IT REFERS TO CASES WHERE AN ADMINISTRATIVE AUTHORITY HAS USED ITS POWERS FOR A PURPOSE OTHER THAN THAT FOR WHICH THEY WERE CONFERRED ON IT .

3 . DISCRIMINATION CONSISTS OF TREATING IN AN IDENTICAL MANNER SITUATIONS WHICH ARE DIFFERENT OR TREATING IN A DIFFERENT MANNER SITUATIONS WHICH ARE IDENTICAL . THE SITUATION OF A SERVING OFFICIAL DIFFERS CONSIDERABLY FROM THAT OF A PENSIONER , SO THAT THERE IS NO DISCRIMINATION IN A CASE WHERE THE COMMUNITY LEGISLATURE ACCORDS TO PENSIONERS TREATMENT WHICH IS NOT IDENTICAL TO THAT APPLIED TO SERVING OFFICIALS .