Keywords
Summary

Keywords

OFFICIALS - TEMPORARY STAFF - DISMISSAL FOR INCOMPETENCE - OBSERVANCE OF THE PERIOD OF NOTICE STIPULATED IN THE CONTRACT - DISCRETION OF THE ADMINISTRATION - JUDICIAL REVIEW - LIMITS

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ART . 47 ( 2 ))

Summary

IT CLEARLY FOLLOWS FROM ARTICLE 47 ( 2 ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS THAT IT LIES WITHIN THE DISCRETION OF THE COMPETENT AUTHORITY TO TERMINATE A CONTRACT CONCLUDED FOR AN INDEFINITE PERIOD , PROVIDED THAT THE PERIOD OF NOTICE STIPULATED IN THE CONTRACT IS GIVEN AND THAT PERIOD IS IN ACCORDANCE WITH THE SAID PROVISION . IN THE CASE OF DISMISSAL FOR INCOMPETENCE THE COURT MAY NOT THEREFORE REVIEW THE BASIS ON WHICH THAT DISCRETION WAS EXERCISED , EXCEPT WHERE A PATENT ERROR OR A MISUSE OF POWER CAN BE PROVED .