Keywords
Summary

Keywords

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1 . DISCRETIONARY POWER - LIMITS - 'PATERE LEGEM QUAM IPSE FECISTI'

2 . OFFICIALS - REMUNERATION - PENSIONS - ADJUSTMENT - CALCULATION - METHODS - SPECIFIC INDEX - CONCEPT

( DECISION OF THE COUNCIL OF 20 AND 21 MARCH 1972 )

3 . OFFICIALS - REMUNERATION - PENSIONS - ADJUSTMENT - CALCULATION - METHODS - RECOURSE TO TWO INDICES - LOWER INDEX - CHOICE - ADMISSIBILITY - CRITERIA

( DECISION OF THE COUNCIL OF 20 AND 21 MARCH 1972 )

Summary

1 . THE COUNCIL CANNOT, TO ESCAPE AN OBLIGATION, PLEAD A DISCRETION, THE EXERCISE OF WHICH IT HAS ITSELF DETERMINED .

2 . THE CRITERIA OF GENERALITY AND PERMANENCE OF THE SALARIES AND ALLOWANCES TO BE TAKEN INTO ACCOUNT IN THE SPECIFIC INDEX USED FOR THE PURPOSE OF CALCULATING THE ADJUSTMENT OF SALARIES, MEAN THAT ONLY EMOLUMENTS PAID REGULARLY AND ON A LEGAL BASIS OR UNDER FIXED RULES TO ALL PUBLIC OFFICIALS OF MEMBER STATES SHOULD BE INCLUDED IN THIS INDEX .

NO ACCOUNT WAS THEREFORE REQUIRED TO BE TAKEN OF ADDITIONAL FACTORS IN THE PUBLIC REMUNERATION IN RESPECT OF THE PERIOD WHEN THESE FACTORS HAD NOT YET BEEN INCLUDED IN THE SALARIES .

3 . IF, IN A PERMANENT SYSTEM OF ADJUSTMENT OF SALARIES IN WHICH THE MEASURE OF THE VARIATION IN THE NATIONAL SALARIES MUST RESULT FROM THE JOINT CONSIDERATION OF TWO INDICES, THE COUNCIL SYSTEMATICALLY AND WITHOUT VALID REASON ADOPTS THE LOWER INDEX, IT WOULD BE DISREGARDING AN ESSENTIAL FACTOR IN THE SYSTEM TO WHICH IT HAD INTENDED TO COMMIT ITSELF .

IT IS LAWFUL TO DO THIS HOWEVER FOR A LIMITED PERIOD IN THE CONTEXT OF A SYSTEM OF APPRAISAL ADOPTED ON A TRIAL BASIS .