Keywords
Summary

Keywords

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1 . FREE MOVEMENT OF PERSONS - EXCEPTIONS - EMPLOYMENT IN THE PUBLIC SERVICE - CONCEPT - RESEARCHERS

( EEC TREATY, ART . 48 ( 4 ) )

2 . FREE MOVEMENT OF PERSONS - EXCEPTIONS - EMPLOYMENT IN THE PUBLIC SERVICE - ADMISSION OF NATIONALS ONLY TO POSTS INVOLVING PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE - WHETHER PERMISSIBLE - EXCLUSION OF NATIONALS OF OTHER MEMBER STATES FROM EMPLOYMENT IN THE PUBLIC SECTOR GENERALLY - NOT PERMISSIBLE

( EEC TREATY, ART . 48 ( 4 ) )

3 . FREE MOVEMENT OF PERSONS - EXCEPTIONS - EMPLOYMENT IN THE PUBLIC SERVICE - EXERCISE OF THE DEROGATION WAIVED BY A MEMBER STATE - CONSEQUENCES - PROHIBITION OF DISCRIMINATION

( EEC TREATY, ART . 48 ( 2 ) AND ( 4 )); REGULATION OF THE COUNCIL NO 1612/68, ART . 7 ( 1 ) AND ( 4 ) )

Summary

1 . RESEARCH POSTS AT THE NATIONAL RESEARCH CENTRE OF A MEMBER STATE DO NOT CONSTITUTE EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE EEC TREATY WHERE THEY DO NOT INVOLVE THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW OR THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE .

2 . COMMUNITY LAW DOES NOT PROHIBIT A MEMBER STATE FROM RESERVING FOR ITS OWN NATIONALS THOSE POSTS WITHIN A CAREER BRACKET IN THE PUBLIC SECTOR WHICH INVOLVE PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW OR THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE . HOWEVER, THE POSSIBILITY THAT NATIONALS OF OTHER MEMBER STATES MIGHT BE EXCLUDED FROM PROMOTION OR TRANSFER TO CERTAIN POSTS MUST NOT HAVE THE EFFECT OF DEBARRING THEM GENERALLY FROM POSTS WHICH ARE NOT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE TREATY .

3 . ONCE A MEMBER STATE HAS PERMITTED NATIONALS OF OTHER MEMBER STATES TO OCCUPY POSTS CONSTITUTING EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE TREATY, DISCRIMINATORY TREATMENT OF THOSE PERSONS AS REGARDS REMUNERATION OR OTHER CONDITIONS OF EMPLOYMENT WILL CONSTITUTE AN INFRINGEMENT OF ARTICLE 48 ( 2 ) OF THE TREATY AND ARTICLE 7 ( 1 ) AND ( 4 ) OF REGULATION NO 1612/68 .