Keywords
Summary

Keywords

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1 . OFFICIALS - ACTIONS - MEASURE HAVING ADVERSE EFFECTS - PROMOTION DECISION CONFIRMED AFTER RE-EXAMINATION - ACTION DIRECTED AGAINST ORIGINAL DECISION - ADMISSIBILITY

( STAFF REGULATIONS, ARTS 90 ( 2 ) AND 91 )

2 . OFFICIALS - PROMOTION - COMPARATIVE EXAMINATION OF MERITS - FAILURE TO TAKE ACCOUNT OF PERIODIC REPORTS OF CERTAIN CANDIDATES - IRREGULARITY CAPABLE OF BEING REMEDIED BY RE-EXAMINATION

( STAFF REGULATIONS, ART . 45 )

3 . OFFICIALS - PROMOTION - COMPARATIVE EXAMINATION OF MERITS - A*2 AND A*3 POSTS - PARTICIPATION OF A CONSULTATIVE BODY NOT PROVIDED FOR IN THE STAFF REGULATIONS - OBLIGATION TO RECONSULT WHERE THE FILE IS RE-EXAMINED - LIMITS

( STAFF REGULATIONS, ART . 45 )

Summary

1 . THE CONFIRMATION OF A PROMOTION DECISION AFTER A RE-EXAMINATION DOES NOT RENDER INADMISSIBLE AN ACTION BROUGHT BY AN UNSUCCESSFUL CANDIDATE AGAINST THE ORIGINAL DECISION .

2 . EVEN IF A PROMOTION DECISION IS VITIATED BY A PROCEDURAL DEFECT OWING TO THE FAILURE TO TAKE ACCOUNT OF THE PERIODIC REPORTS OF CERTAIN CANDIDATES AT THE TIME OF THE COMPARATIVE EXAMINATION OF MERITS, THAT IRREGULARITY CAN BE REMEDIED BY RE-EXAMINING THE FILE .

3 . THE SETTING UP BY THE COMMISSION OF AN ADVISORY COMMITTEE NOT PROVIDED FOR BY THE STAFF REGULATIONS IN ORDER TO OBTAIN AN OPINION REGARDING APPOINTMENTS TO CERTAIN POSTS IN RELATION TO THE ABILITIES AND APTITUDES OF CANDIDATES, HAVING REGARD TO THE QUALIFICATIONS REQUIRED, CONSTITUTES A MEASURE DESIGNED TO ENSURE THAT THE COMMISSION, AS APPOINTING AUTHORITY, HAS A BETTER BASIS FOR CARRYING OUT THE COMPARATIVE EXAMINATION OF THE MERITS OF THE CANDIDATES AS REQUIRED BY ARTICLE 45 OF THE STAFF REGULATIONS . ALTHOUGH THE COMMITTEE' S ROLE IS PURELY ADVISORY, ITS OPINION IS THUS ONE OF THE FACTORS ON WHICH THE COMMISSION BASES ITS OWN ASSESSMENT OF THE CANDIDATES . IT FOLLOWS THAT IF THE COMMISSION IS MOVED TO RECONSIDER AN APPOINTMENT WHICH WAS DECIDED UPON AFTER THE COMMITTEE GAVE ITS OPINION, THE COMMITTEE MUST BE RECONSULTED IN SO FAR AS THE COMMISSION' S RE-EXAMINATION OF THE FILE INVOLVES A FRESH COMPARISON OF THE MERITS OF THE CANDIDATES . HOWEVER, THE COMMISSION IS NOT OBLIGED TO DO SO IF, IN VIEW OF THE PARTICULAR CIRCUMSTANCES OF THE CASE, THE FACT OF NOT RECONSULTING THE COMMITTEE CANNOT HARM THE INTERESTS OF THE CANDIDATES IN QUESTION . THAT, HOWEVER, IS NOT THE POSITION WHERE NOT JUST ONE CANDIDATE' S PERIODIC REPORT BUT AN UNSPECIFIED NUMBER OF PERIODIC REPORTS OF SEVERAL CANDIDATES FOR THE POST AT ISSUE ARE MISSING .