Keywords
Summary

Keywords

OFFICIALS - APPEALS - PRIOR ADMINISTRATIVE COMPLAINT - TIME-LIMITS - MATTER OF PUBLIC POLICY - RIGHT OF ACTION DEFINITIVELY TIME-BARRED

( STAFF REGULATIONS , ARTS 90 AND 91 )

Summary

THE TIME-LIMITS PRESCRIBED IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS FOR THE LODGING OF COMPLAINTS AND APPEALS ARE A MATTER OF PUBLIC POLICY AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR THE COURT , SINCE THEY WERE LAID DOWN WITH A VIEW TO ENSURING CLARITY AND LEGAL CERTAINTY .

THE FACT THAT AN INSTITUTION , FOR REASONS RELATED TO ITS STAFF POLICY , DEALS WITH THE SUBSTANCE OF A REQUEST SUBMITTED OUT OF TIME AND THEREFORE INADMISSIBLE CANNOT HAVE THE EFFECT OF DEROGATING FROM THE SYSTEM OF MANDATORY TIME-LIMITS AND RE-ESTABLISHING A RIGHT OF ACTION WHICH IS DEFINITIVELY TIME-BARRED .