Keywords
Summary

Keywords

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1 . OFFICIALS - RECRUITMENT - DUTIES PERFORMED - UNSUITABILITY - OPPORTUNITY OF OBTAINING ANOTHER POST - LEGALITY

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 27 )

2 . OFFICIALS - PERSONAL FILES - PURPOSE

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 26 )

3 . OFFICIALS - RECRUITMENT - LIST OF SUITABLE CANDIDATES - ORDER OF CLASSIFICATION - SUITABILITY FOR PERFORMANCE OF THE DUTIES - PRIORITY

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 30 )

Summary

1 . THE FACT THAT THE APPOINTING AUTHORITY WISHES TO GIVE AN OFFICIAL, WHO HAS BECOME INCAPABLE OF PERFORMING THE DUTIES HE PREVIOUSLY DISCHARGED, THE OPPORTUNITY OF OBTAINING ANOTHER POST CORRESPONDING TO HIS CAPABILITIES AND QUALIFICATIONS, CANNOT BE CONSIDERED AN ILLEGAL MEASURE SO LONG AS THE PROVISIONS OF THE STAFF REGULATIONS RELATING TO THE RECRUITMENT OF OFFICIALS ARE OBSERVED .

2 . PERSONAL FILES ARE KEPT IN ORDER TO GUARANTEE AN OFFICIAL' S RIGHT OF DEFENCE BY ENSURING THAT DECISIONS TAKEN BY THE APPOINTING AUTHORITY AFFECTING HIS ADMINISTRATIVE STATUS AND HIS CAREER ARE NOT BASED ON MATTERS CONCERNING HIS CONDUCT WHICH ARE NOT INCLUDED IN HIS PERSONAL FILE .

3 . ALTHOUGH FOR THE PURPOSE OF ASSESSING THE SUITABILITY OF EACH CANDIDATE IT IS NECESSARY TO HAVE REGARD TO THE TOTAL NUMBER OF POINTS OBTAINED, THE IMPORTANCE FOR THIS ASSESSMENT OF THE QUALIFICATIONS RELATING TO SUITABILITY FOR THE PERFORMANCE OF THE DUTIES MUST NOT BE DISREGARDED .

PREFERENCE GIVEN TO A CANDIDATE WHO IS NOT FIRST ON THE LIST OF SUITABLE CANDIDATES DRAWN UP BY THE SELECTION BOARD BUT WHO OBTAINED A GREATER NUMBER OF POINTS FOR SUITABILITY FOR THE PERFORMANCE OF THE DUTIES MAY BE JUSTIFIED IN THE INTERESTS OF THE SERVICE .