Keywords
Summary

Keywords

1 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - ASSIGNMENT OF STAFF - DISCRETION VESTED IN THE ADMINISTRATION - LIMITS - INTERESTS OF THE SERVICE - COMPLIANCE WITH THE PRINCIPLE OF ASSIGNMENT TO AN EQUIVALENT POST

2 . OFFICIALS - ACTION - SUBMISSIONS - MISUSE OF POWERS - CONCEPT

3 . OFFICIALS - DECISION ADVERSELY AFFECTING AN OFFICIAL - DUTY TO STATE THE REASONS ON WHICH THE DECISION IS BASED - PURPOSE - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 25 )

Summary

1 . THE COMMUNITY INSTITUTIONS HAVE A BROAD DISCRETION TO ORGANIZE THEIR DEPARTMENTS TO SUIT THE TASKS ENTRUSTED TO THEM AND TO ASSIGN THE STAFF AVAILABLE TO THEM IN THE LIGHT OF SUCH TASKS , ON CONDITION HOWEVER THAT THE STAFF IS ASSIGNED IN THE INTERESTS OF THE SERVICE AND IN CONFORMITY WITH THE PRINCIPLE OF ASSIGNMENT TO AN EQUIVALENT POST .

2.A DECISION MAY AMOUNT TO A MISUSE OF POWERS ONLY IF IT APPEARS , ON THE BASIS OF OBJECTIVE , RELEVANT AND CONSISTENT EVIDENCE , TO HAVE BEEN TAKEN FOR PURPOSES OTHER THAN THOSE STATED .

3.SINCE THE PURPOSE OF THE DUTY TO STATE THE REASONS ON WHICH A DECISION IS BASED IS BOTH TO PERMIT THE PERSON CONCERNED TO DETERMINE WHETHER THE DECISION IS DEFECTIVE , MAKING IT POSSIBLE FOR LEGALITY TO BE CHALLENGED , AND TO ENABLE IT TO BE REVIEWED BY THE COURT , IT FOLLOWS THAT THE EXTENT OF THAT DUTY MUST BE DETERMINED ON THE BASIS OF THE PARTICULAR FACTS OF EACH CASE .