Keywords
Summary

Keywords

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1 . OFFICIALS - PROMOTION - DISCRETION OF THE ADMINISTRATION - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS, ART . 45 )

2 . OFFICIALS - PROMOTION - CONSIDERATION OF THE COMPARATIVE MERITS - A*2 AND A*3 POSTS - PARTICIPATION OF AN ADVISORY COMMITTEE NOT PROVIDED FOR BY THE STAFF REGULATIONS - FREEDOM OF THE ADMINISTRATION TO DECIDE ITS COMPOSITION AND RESPONSIBILITIES

( STAFF REGULATIONS OF OFFICIALS, ART . 45 )

Summary

1 . IN ASSESSING THE INTERESTS OF THE SERVICE AND THE QUALIFICATIONS AND MERITS OF THE CANDIDATES TO BE TAKEN INTO CONSIDERATION IN MAKING A PROMOTION DECISION PURSUANT TO ARTICLE 45 OF THE STAFF REGULATIONS OF OFFICIALS, THE APPOINTING AUTHORITY POSSESSES A WIDE DISCRETION, AND IN THAT CONNECTION THE COURT' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER, HAVING REGARD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . THE COURT CANNOT THEREFORE SUBSTITUTE ITS ASSESSMENT OF THE QUALIFICATIONS AND MERITS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY .

2 . ALTHOUGH DECISIONS ON PROMOTION AND THE CONSIDERATION OF THE COMPARATIVE MERITS OF THE CANDIDATES PROVIDED FOR IN ARTICLE 45 OF THE STAFF REGULATIONS OF OFFICIALS ARE THE SOLE RESPONSIBILITY OF THE APPOINTING AUTHORITY, THE LATTER MAY INVOLVE IN THE PREPARATORY STAGE OF THOSE DECISIONS AN ADVISORY BODY SUCH AS A COMMITTEE RESPONSIBLE FOR EXAMINING APPLICATIONS FOR POSTS IN GRADES A*2 AND A*3 WHOSE COMPOSITION AND RESPONSIBILITIES IT IS FREE TO DECIDE . THE TAKING INTO CONSIDERATION OF THE OPINION OF SUCH A BODY CANNOT IN ITSELF VITIATE A DECISION OF THE ADMINISTRATION .