Keywords
Summary

Keywords

1 . OFFICIALS - DISCIPLINARY MEASURES - OPINION OF THE DISCIPLINARY BOARD - ACTION FOR ANNULMENT - ADMISSIBILITY

( STAFF REGULATIONS , TITLE VI AND ANNEX IX )

2 . OFFICIALS - DISCIPLINARY MEASURES - PROCEDURE BEFORE THE DISCIPLINARY BOARD - AUDI ALTERAM PARTEM - NOTIFICATION OF COMPLAINTS IN SUFFICIENT TIME

( STAFF REGULATIONS , ANNEX IX , ARTS 2 , 7 , 8 AND 9 )

3 . OFFICIALS - DISCIPLINARY MEASURES - DISCIPLINARY PROCEEDINGS - DELIVERY OF THE OPINION OF THE DISCIPLINARY BOARD - DECISION OF THE APPOINTING AUTHORITY - TIME-LIMITS - DISREGARD - TIME-LIMITS NOT MANDATORY

( STAFF REGULATIONS , ANNEX IV , ART . 7 , FIRST AND THIRD PARAS )

4 . OFFICIALS - DISCIPLINARY MEASURES - PENALTY - APPOINTING AUTHORITY ' S DISCRETION - REVIEW BY THE COURT - SCOPE - LIMITS

Summary

1 . IT WOULD BE CONTRARY TO THE NATURE AND STRUCTURE OF THE DISCIPLINARY PROCEDURE AS SET OUT IN THE STAFF REGULATIONS TO DENY AN OFFICIAL ACCUSED OF MISCONDUCT THE OPPORTUNITY OF CHALLENGING SEPARATELY THE PROCEEDINGS BEFORE THE DISCIPLINARY BOARD AND OBTAINING THE ANNULMENT OF THE OPINION GIVEN BY IT .

2 . THE AUDI ALTERAM PARTEM PRINCIPLE APPLICABLE IN PROCEEDINGS SUCH AS THOSE BEFORE THE DISCIPLINARY BOARD REQUIRES THAT AN OFFICIAL ACCUSED OF MISCONDUCT SHOULD HAVE KNOWLEDGE OF ALL THE FACTS ON WHICH THE OPINION OF THE DISCIPLINARY BOARD HAS BEEN BASED IN SUFFICIENT TIME TO SUBMIT HIS OBSERVATIONS .

3 . THE TIME-LIMIT OF ONE MONTH FROM THE TRANSMISSION OF THE OPINION OF THE DISCIPLINARY BOARD WHICH THE STAFF REGULATIONS GIVE THE APPOINTING AUTHORITY FOR TAKING ITS FINAL DECISION CANNOT BE REGARDED AS A MANDATORY TIME-LIMIT , IN THE SENSE THAT ANY MEASURES ADOPTED AFTER ITS EXPIRY ARE VOID , BUT CONSTITUTES A RULE OF SOUND ADMINISTRATION , WITH THE RESULT THAT A FAILURE TO OBSERVE IT MAY RENDER THE INSTITUTION LIABLE FOR ANY DAMAGE CAUSED TO THOSE CONCERNED . THE SAME REMARKS APPLY TO THE THREE-MONTH PERIOD ALLOWED BY THE STAFF REGULATIONS FOR THE TRANSMISSION OF THE DISCIPLINARY BOARD ' S OPINION .

4 . ONCE THE TRUTH OF THE ALLEGATIONS MADE AGAINST THE OFFICIAL HAS BEEN ESTABLISHED , IT IS FOR THE APPOINTING AUTHORITY TO CHOOSE THE APPROPRIATE PENALTY . THE COURT CANNOT SUBSTITUTE ITS OWN JUDGMENT FOR THAT OF THE APPOINTING AUTHORITY EXCEPT IN THE CASE OF A MANIFEST ERROR OR MISUSE OF POWERS .

IN ORDER TO ENABLE THE COURT TO CARRY OUT THAT LIMITED REVIEW , IT IS INDISPENSABLE THAT THE PREAMBLE TO THE DECISION SHOULD SPECIFY THE ACTS WHICH THE OFFICIAL IS FOUND TO HAVE COMMITTED AND THE CONSIDERATIONS WHICH HAVE LED THE APPOINTING AUTHORITY TO IMPOSE THE PARTICULAR PENALTY . IF THE PENALTY IMPOSED BY THE APPOINTING AUTHORITY IS SEVERER THAN THAT SUGGESTED BY THE DISCIPLINARY BOARD IN ITS OPINION , THE REASONS FOR THIS MUST BE CLEARLY STATED .