Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATION TO THE COURT - REQUEST WITHIN THE MEANING OF ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS - CONCEPT

( STAFF REGULATIONS , ART . 90 ( 1 ))

2 . OFFICIALS - EQUAL TREATMENT - IDENTICAL CONDITIONS OF RECRUITMENT AND CAREER - LIMITS - ORGANIZATION OF DEPARTMENTS - ADMINISTRATION ' S DISCRETION

( STAFF REGULATIONS , ART . 5 ( 3 ))

3 . OFFICIALS - ADMINISTRATION ' S DUTY TO ASSIST - SCOPE

( STAFF REGULATIONS , ART . 24 )

Summary

1 . EVEN IF A WRITTEN REQUEST DOES NOT EXPRESSLY REFER TO ARTICLE 90 OF THE STAFF REGULATIONS AND CONTAINS NO EXPRESSION TO THAT EFFECT , IT MAY AMOUNT TO A REQUEST THEREUNDER IF IT INVITES THE APPOINTING AUTHORITY TO ADOPT A DECISION .

2 . THE CONDITIONS OF RECRUITMENT AND CAREER IN THE SERVICE REFERRED TO IN ARTICLE 5 ( 3 ) CANNOT BE CONSIDERED OUTSIDE THE FRAMEWORK DETERMINED BY THE ORGANIZATION OF THE DEPARTMENTS . ALTHOUGH THAT PROVISION REQUIRES THE COMMUNITY ADMINISTRATION TO RESPECT THE EQUALITY OF OFFICIALS , IN THE VARIOUS CATEGORIES , WITH REGARD TO THE CON- DITIONS GOVERNING RECRUITMENT AND PROMOTION , IT DOES NOT RESTRICT THE FREEDOM OF THE INSTITUTIONS TO ORGANIZE THE VARIOUS ADMINISTRATIVE UNITS TAKING ACCOUNT OF A WHOLE RANGE OF FACTORS , SUCH AS THE NATURE AND SCOPE OF THE TASKS WHICH ARE ASSIGNED TO THEM AND THE BUDGETARY POSSI- BILITIES . IT FOLLOWS THAT THE ADMINIS- TRATION HAS NO OBLIGATION WITH REGARD TO AN OFFICIAL TO ORGANIZE THE DEPART- MENT IN WHICH HE IS EMPLOYED SO AS TO GUARANTEE HIM AN OPPORTUNITY TO PERFORM CERTAIN DUTIES AND OBTAIN PROMOTION AS A RESULT .

3 . THE OBLIGATION TO PROVIDE ASSISTANCE LAID DOWN BY ARTICLE 24 OF THE STAFF REGULATIONS IS CONCERNED WITH THE DEFENCE OF OFFICIALS BY THE INSTITUTIONS AGAINST THE ACTS OF THIRD PARTIES AND NOT AGAINST THE ACTS OF THE INSTITUTION ITSELF , THE REVIEW OF WHICH IS GOVERNED BY OTHER PROVISIONS OF THE STAFF REGULATIONS .