Keywords
Summary

Keywords

1 . OFFICIALS - ADVERSE DECISION - DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL - OBLIGATION TO STATE REASONS - PURPOSE - SCOPE - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS , SECOND PARAGRAPH OF ART . 25 )

2 . OFFICIALS - RECRUITMENT - NOTICE OF VACANT POST - PURPOSE - PROTECTION OF THE INTERESTS OF THE STAFF OF THE COMMUNITIES AND NOT OF EXTERNAL CANDIDATES - PROBATIONARY OFFICIAL ASSIGNED TO A POST DIFFERENT FROM THAT TO WHICH THE VACANCY NOTICE RELATES

( STAFF REGULATIONS , SECOND PARAGRAPH OF ART . 4 AND ART . 29 ( 1 )

3 . OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - DURATION LAID DOWN IN THE STAFF REGULATIONS - EXTENSION WITH THE AGREEMENT OF THE PROBATIONARY OFFICIAL CONCERNED - INFRINGEMENT OF ARTICLE 34 ( 1 ) OF THE STAFF REGULATIONS - NONE

( STAFF REGULATIONS , ART . 34 ( 1 ))

Summary

1 . THE PURPOSE OF THE OBLIGATION TO STATE THE REASONS ON WHICH AN ADVERSE DECISION IS BASED IS TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH SUFFICIENT DETAILS TO ENABLE HIM TO ASCERTAIN WHETHER OR NOT THE DECISION IS WELL FOUNDED . MORE PARTICULARLY , IN THE CASE OF A DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL , THE STATEMENT OF REASONS MUST INDICATE THE ESSENTIAL CONSIDERATIONS WHICH LED THE INSTITUTION TO CONCLUDE THAT THE PROFESSIONAL ABILITIES AND CONDUCT OF THE PROBATIONARY OFFICIAL DID NOT JUSTIFY HIS ESTABLISHMENT . SINCE ONLY THE ADMINISTRATION HAS THE POWER TO ASSESS THE MERITS OF OFFICIALS , THE COURT , IN EXERCISING ITS POWERS OF REVIEW , NEED NOT CONSIDER THE EXPERTS ' OPINIONS PRODUCED IN ORDER TO DEMONSTRATE THOSE MERITS OR ORDER SUCH EXPERTS ' REPORTS .

2 . THE SECOND PARAGRAPH OF ARTICLE 4 OF THE STAFF REGULATIONS , WHICH CONCERNS THE INTERNAL PUBLICATION OF VACANT POSTS , IS TO BE READ IN CONJUNCTION WITH ARTICLE 29 ( 1 ) OF THE STAFF REGULATIONS , WHICH FIXES THE ORDER IN WHICH THE INSTITUTIONS MUST EXAMINE THE VARIOUS POSSIBILITIES OF FILLING VACANT POSTS , GIVING PRIORITY IN THIS REGARD TO THE STAFF OF THE COMMUNITIES OVER EXTERNAL CANDIDATES . SINCE THE PURPOSE OF THAT PROVISION IS TO PROTECT THE INTERESTS OF THE STAFF OF THE INSTITUTION , EXTERNAL CANDIDATES MAY NOT PLEAD BREACH OF THAT PROVISION SO THAT A PROBATIONARY OFFICIAL ASSIGNED TO A POST DIFFERENT FROM THAT TO WHICH THE VACANCY NOTICE RELATES MAY NOT CLAIM THAT HE HAS BEEN ASSIGNED UNLAWFULLY .

3 . IT IS NOT AN INFRINGEMENT OF ARTICLE 34 ( 1 ) OF THE STAFF REGULATIONS FOR THE APPOINTING AUTHORITY TO DECIDE , WITH THE CONSENT OF THE PROBATIONARY OFFICIAL , TO EXTEND HIS PROBATIONARY PERIOD IN DEROGATION FROM THAT PROVISION , IN ORDER TO GIVE HIM A FURTHER OPPORTUNITY TO SHOW THAT HE POSSESSES PROFESSIONAL ABILITIES WHICH HE HAD NOT SATISFACTORILY DEMONSTRATED DURING THE PROBATIONARY PERIOD . SINCE IT IS A DECISION WHICH GIVES HIM AN ADVANTAGE WHICH HE FREELY ACCEPTS , HE MAY NOT PLEAD THAT THE DECISION SHOULD NOT HAVE BEEN ADOPTED .