Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATION TO THE COURT - MEASURE ADVERSELY AFFECTING - CHANGE OF ASSIGNMENT ON REORGANIZATION OF DEPARTMENTS

( STAFF REGULATIONS , ART . 91 )

2 . OFFICIALS - TRANSFER - REASSIGNMENT - CRITERIA FOR DISTINGUISHING - CONDITIONS COMMON THERETO

( STAFF REGULATIONS , ARTS 4 , 7 ( 1 ) AND 29 )

3 . OFFICIALS - ORGANIZATION OF DEPARTMENS - DISCRETION OF ADMINISTRATION

Summary

1 . EVEN IF A DECISION DOES NOT AFFECT THE MATERIAL INTEREST OR THE RANK OF AN OFFICIAL IT MAY , HAVING REGARD TO THE NATURE OF THE DUTIES IN QUESTION AND THE CIRCUMSTANCES , ADVERSELY AFFECT THE NON-MATERIAL INTERESTS AND FUTURE PROSPECTS OF THE OFFICER CONCERNED .

2 . UNDER THE SYSTEM OF THE STAFF REGULATIONS THERE IS A TRANSFER PROPERLY SO-CALLED ONLY WHERE AN OFFICIAL IS TRANSFERRED TO FILL A VACANT POST . IT FOLLOWS THAT EVERY TRANSFER PROPERLY SO-CALLED IS SUBJECT TO THE FORMALITIES LAID DOWN IN ARTICLES 4 AND 29 OF THE STAFF REGULATIONS . ON THE OTHER HAND THOSE FORMALITIES DO NOT APPLY IN THE CASE OF REASSIGNMENT OF AN OFFICIAL , AS THIS DOES NOT GIVE RISE TO A VACANCY .

DECISIONS TO REASSIGN ARE SUBJECT , JUST AS TRANSFERS , AS REGARDS THE PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF THE OFFICIALS CONCERNED , TO THE RULES OF ARTICLE 7 ( 1 ) OF THE STAFF REGULATIONS INASMUCH AS IN PARTICULAR THE REASSIGNMENT OF OFFICIALS MAY TAKE PLACE ONLY IN THE INTERESTS OF THE SERVICE AND IN CONFORMITY WITH THE PRINCIPLE OF EQUIVALENCE OF POSTS .

3 . THE INSTITUTIONS OF THE COMMUNITY HAVE A WIDE DISCRETION IN THE ORGANIZATION OF THEIR DEPARTMENTS IN ACCORDANCE WITH THE TASKS ENTRUSTED TO THEM AND IN THE ASSIGNMENT , WITH THOSE TASKS IN VIEW , OF THE STAFF PLACED AT THEIR DISPOSAL .