Keywords
Summary

Keywords

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1 . SERVANTS OF THE COMMUNITY - DISPUTES WITH THE INSTITUTIONS - JURISDICTION OF THE COURT

( TREATY, ARTICLE 42 )

2 . SERVANTS OF THE COMMUNITY - PERIOD PRIOR TO THE ADOPTION OF THE STAFF REGULATIONS - CONTRACT OF EMPLOYMENT - PRECURSOR OF THE STAFF REGULATIONS - INTERPRETATION

( CONVENTION ON THE TRANSITIONAL PROVISIONS, THIRD PARAGRAPH OF ARTICLE 7 ).

3 . SERVANTS OF THE COMMUNITY - PROFESSIONAL ABILITY - ASSESSMENT BY THE ADMINISTRATION - REVIEW BY THE COURT

4 . SERVANTS OF THE COMMUNITY - ABOLITION OF A POST - POWERS OF THE ADMINISTRATION - REASSIGNMENT OF THE SERVANT

( TREATY, ARTICLE 31 ).

5 . LIABILITY OF THE COMMUNITY - WRONGFUL ACT ON THE PART OF THE ADMINISTRATION - INJURY - OBLIGATION TO MAKE GOOD

( TREATY, ARTICLE 40 ).

Summary

1 . THE JURISDICTION OF THE COURT IN DISPUTES INVOLVING SERVANTS OF THE COMMUNITY IS BASED ON ARTICLE 42 OF THE TREATY, TOGETHER WITH THE ARBITRATION CLAUSE CONTAINED IN THE CONTRACT OF EMPLOYMENT AND THE PROVISIONS OF THE STAFF RULES APPLICABLE .

2 . CONTRACTS OF EMPLOYMENT CONCLUDED WITH SERVANTS UNDER THE THIRD PARAGRAPH OF ARTICLE 7 OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS ARE CONTRACTS GOVERNED BY PUBLIC LAW WHICH ARE THE PRECURSORS OF THE STAFF REGULATIONS AND RENDER SERVANTS ELIGIBLE FOR STABILITY OF EMPLOYMENT . THOSE CONTRACTS MUST BE INTERPRETED WITH REGARD TO WHAT WAS CONTEMPLATED BY THE PARTIES AND TO THE INTENTIONS OF THE COMMUNITY IN RESPECT OF ITS SERVANTS .

3 . IT IS NORMALLY THE ADMINISTRATION WHICH ASSESSES THE PROFESSIONAL COMPETENCE OF SERVANTS . A FINDING AS TO THE PROFESSIONAL INADEQUACY OF A SERVANT MUST BE REACHED BY MEANS OF A REGULAR PROCEDURE SUCH AS MUST BE FOLLOWED BY ANY ADMINISTRATION .

4 . THE ADMINISTRATION HAS THE POWER TO ORGANIZE ITS SERVICES AS IT WISHES AND IN THE INTERESTS OF THE SERVICE . IT ACTS IN THE FULL EXERCISE OF ITS POWERS WHEN IT ABOLISHES A POST WHICH IT CONSIDERS UNNECESSARY .

THE ABOLITION OF A GIVEN POST CANNOT, ON THAT COUNT ALONE, RESULT IN THE DISMISSAL OF THE SERVANT WHO OCCUPIED IT . RATHER, IT RENDERS THAT SERVANT FREE TO OCCUPY ANOTHER POST .

5 . WHERE, IN CIRCUMSTANCES WHICH ARE IRREGULAR, A CONTRACT OF EMPLOYMENT IS NOT RENEWED, THIS MAY CONSTITUTE A WRONGFUL ACT ON THE PART OF THE ADMINISTRATION IN THE PERFORMANCE OF ITS DUTIES ENTAILING LIABILITY WHICH INVOLVES THE OBLIGATION TO MAKE GOOD THE INJURY CAUSED .