Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATION TO THE COURT - LIMITATION PERIOD - RECOMMENCEMENT - COMMUNICATION TO OFFICIALS WHOSE RECRUITMENT HAS BECOME DEFINITIVE OF CRITERIA FOR GRADING ON RECRUITMENT - NEW EVENT LIABLE TO GIVE RISE TO REQUESTS FOR REGRADING

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - ASSIGNMENT OF GRADE - CLASSIFICATION IN STEP - INTERNAL DIRECTIVE OF AN INSTITUTION CONCERNING APPLICABLE CRITERIA - LEGAL EFFECTS

3 . OFFICIALS - RECRUITMENT - CLASSIFICATION IN STEP - AWARD OF ADDITIONAL SENIORITY - CRITERIA APPLICABLE - PREVIOUS EXPERIENCE - DISCRETIONARY POWER HELD BY ADMINISTRATION

( STAFF REGULATIONS , ART . 32 )

Summary

1 . AN OFFICIAL CANNOT BE PERMITTED TO CHALLENGE THE CONDITIONS OF HIS INITIAL RECRUITMENT ONCE THAT RECRUITMENT HAS BECOME DEFINITIVE . A FORTIORI , HE MAY NOT RAISE RETROSPECTIVE CLAIMS RELATING TO HIS CLASSIFICATION AND , CONSEQUENTLY , TO HIS PAST AND FUTURE REMUNERATION .

NEVERTHELESS , THE COMMUNICATION BY AN INSTITUTION TO ALL MEMBERS OF ITS STAFF OF A CIRCULAR CONTAINING AN INTERNAL DECISION ON THE CRITERIA APPLICABLE TO GRADE AND STEP CLASSI FICATION UPON RECRUITMENT AMOUNTS TO A NEW EVENT OF SUCH A NATURE AS TO AFFORD GROUNDS FOR BONA FIDE REQUESTS FROM OFFICIALS TO HAVE THEIR CAREERS REVIEWED .

2.THE DECISION OF A COMMUNITY INSTITUTION , COMMUNICATED TO ALL MEMBERS OF ITS STAFF AND DESIGNED TO ENSURE THAT IDENTICAL CONDITIONS OF RECRUITMENT AND CAREER PROSPECTS SHALL BE ENJOYED BY ALL OFFICIALS IN THE SAME CATEGORY OR SERVICE AS FAR AS GRADING AND CLASSIFICATION IN STEP ON RECRUITMENT ARE CONCERNED , CONSTITUTES AN INTERNAL DIRECTIVE , EVEN THOUGH THE DECISION AT ISSUE MAY NOT BE REGARDED AS A GENERAL IMPLEMENTING PROVISION WITHIN THE MEANING OF ARTICLE 110 OF THE STAFF REGULATIONS . AS SUCH IT MUST BE REGARDED AS A RULE OF CONDUCT , INDICATING THE PRACTICE TO BE FOLLOWED , WHICH THE ADMINISTRATION IMPOSES ON ITSELF AND FROM WHICH IT MAY NOT DEPART WITHOUT SPECIFYING THE REASONS WHICH HAVE LED IT TO DO SO , SINCE OTHERWISE THE PRINCIPLE OF EQUALITY OF TREATMENT WOULD BE INFRINGED .

SUCH AN INTERNAL DIRECTIVE MAY NOT , IN ANY CIRCUMSTANCES , LEGALLY ESTABLISH RULES WHICH DEROGATE FROM THE STAFF REGULATIONS .

3.THE APPOINTING AUTHORITY MAY NOT GIVE AN OFFICIAL CREDIT FOR PREVIOUS EXPERIENCE BY GRANTING HIM , ON RECRUITMENT , ADDITIONAL SENIORITY IN THE GRADE IN WHICH HE IS APPOINTED EXCEPT IN CASES WHERE SUCH EXPERIENCE MAY BE RECOGNIZED TO BE OF AN APPROPRIATE LEVEL AND OF A NATURE SPECIFICALLY RELEVANT TO THE POST IN QUESTION . IN VIEW OF THE GREAT DIVERSITY OF EXPERIENCE OFFERED BY CANDIDATES FOR EMPLOYMENT WITH THE EUROPEAN INSTITUTIONS , THE COMPETENT AUTHORITY MUST BE ALLOWED A DISCRETIONARY POWER COVERING ALL ASPECTS OF POTENTIAL IMPORTANCE FOR THE RECOGNITION OF PREVIOUS EXPERIENCE , BOTH AS REGARDS THE NATURE AND DURATION OF SUCH EXPERIENCE AND AS REGARDS THE EXTENT TO WHICH IT MATCHES THE REQUIREMENTS OF THE POST TO BE FILLED .