Keywords
Summary

Keywords

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1 . OFFICIALS - APPEALS - ACTION BROUGHT AGAINST A REFUSAL TO ADMIT A PERSON TO A COMPETITION - SUBMISSION BASED ON THE IRREGULARITY OF THE NOTICE OF COMPETITION NOT CHALLENGED IN GOOD TIME - INADMISSIBLE

( STAFF REGULATIONS, ART . 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARD - MEMBERS - NOT NECESSARY TO BE AN OFFICIAL

( STAFF REGULATIONS, ANNEX III, THIRD PARAGRAPH OF ART . 3 )

3 . OFFICIALS - RECRUITMENT - COMPETITIONS - COMPETITION BASED ON QUALIFICATIONS AND TESTS - CONTENT OF THE TESTS - DISCRETION ENJOYED BY THE SELECTION BOARD - JUDICIAL REVIEW - LIMITS

4 . OFFICIALS - RECRUITMENT - COMPETITIONS - REFUSAL TO ADMIT AN OFFICIAL TO A COMPETITION - DECISION ADVERSELY AFFECTING AN OFFICIAL - OBLIGATION TO PROVIDE A STATEMENT OF REASONS - SCOPE

( STAFF REGULATIONS, ANNEX III, ART . 5 )

Summary

1 . AN OFFICIAL MAY NOT, IN SUPPORT OF AN ACTION BROUGHT AGAINST A DECISION NOT TO ADMIT HIM TO A COMPETITION, RELY ON SUBMISSIONS BASED ON THE ALLEGED IRREGULARITY OF THE NOTICE OF COMPETITION WHEN HE HAS FAILED TO CHALLENGE IN GOOD TIME THOSE PROVISIONS OF THE NOTICE WHICH HE CONSIDERS TO AFFECT HIM ADVERSELY . WERE IT OTHERWISE, IT WOULD BE POSSIBLE TO CHALLENGE A COMPETITION NOTICE LONG AFTER IT HAD BEEN PUBLISHED AND AFTER MOST, OR ALL, OF THE OPERATIONS CARRIED OUT IN CONNECTION WITH THE COMPETITION HAD ALREADY TAKEN PLACE, WHICH WOULD BE CONTRARY TO THE PRINCIPLES OF LEGAL CERTAINTY, LEGITIMATE EXPECTATION AND SOUND ADMINISTRATION .

THE SITUATION IS NOT THE SAME IN THE CASE OF AN OFFICIAL WHO RELIES ON IRREGULARITIES WHICH MAY ORIGINATE IN THE WORDING OF THE NOTICE OF COMPETITION BUT WHICH ALSO OCCUR IN THE COURSE OF THE COMPETITION .

2 . THE THIRD PARAGRAPH OF ARTICLE 3 OF ANNEX III TO THE STAFF REGULATIONS SHOULD BE INTERPRETED AS MEANING THAT IF THE MEMBERS OF THE SELECTION BOARD ARE OFFICIALS THEY MUST BE OF A GRADE AT LEAST EQUAL TO THAT OF THE POST TO BE FILLED, WITHOUT, HOWEVER, EITHER THE MEMBERS OR THE CHAIRMAN OF THE SELECTION BOARD HAVING NECESSARILY TO BE OFFICIALS .

3 . A SELECTION BOARD ENJOYS A BROAD MARGIN OF DISCRETION AS REGARDS THE DETAILS OF THE TESTS TO BE HELD IN A COMPETITION . IT IS NOT FOR THE COURT TO DECLARE THE TEST PAPERS UNLAWFUL UNLESS THEY EXCEED THE LIMITS SET OUT IN THE NOTICE OF COMPETITION OR CONFLICT WITH THE PURPOSE OF THE TESTS OR OF THE COMPETITION .

4 . THE OBLIGATION TO STATE THE REASONS FOR AN ADVERSE DECISION IS MEANT TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND, SECONDLY, TO PROVIDE THE PERSON CONCERNED WITH THE INFORMATION NEEDED TO DETERMINE WHETHER OR NOT THE DECISION IS WELL FOUNDED . THE DECISION OF A SELECTION BOARD NOT TO ADMIT A CANDIDATE TO THE TESTS IN A COMPETITION MAY THEREFORE BE SAID TO GIVE ADEQUATE REASONS ONLY IF IT EXPLAINS TO THE PERSON CONCERNED THE REASONS WHY HE DID NOT SATISFY THE SELECTION CRITERIA . NEITHER THE DIFFICULTIES INHERENT IN ANY COMPARATIVE EXAMINATION NOR THE NEED TO MAKE AN OVERALL ASSESSMENT OF THE CANDIDATES CAN EXEMPT THE SELECTION BOARD FROM THE OBLIGATION TO PROVIDE SUCH A STATEMENT OF REASONS .

HOWEVER, IN THE CASE OF A COMPETITION WITH A LARGE NUMBER OF PARTICIPANTS THE SELECTION BOARD MAY INITIALLY COMMUNICATE TO CANDIDATES EXCLUDED FROM THE TESTS MERELY THE CRITERIA FOR AND THE RESULTS OF THE SELECTION AND ONLY LATER PROVIDE INDIVIDUAL EXPLANATIONS TO THOSE CANDIDATES WHO EXPRESSLY REQUEST THEM . IN EXCEPTIONAL CASES, THOSE EXPLANATIONS MAY BE GIVEN IN THE COURSE OF LEGAL PROCEEDINGS, PROVIDED THAT THEY ENABLE THE COURT TO REVIEW THEIR LEGALITY AND THE PERSON CONCERNED TO MAKE FURTHER SUBMISSIONS IN THE FULL KNOWLEDGE OF THE FACTS .