Keywords
Summary

Keywords

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1 . OFFICIALS - DISPUTES WITH THE COMMUNITIES - CAPACITY TO APPEAR ON BEHALF OF THE COMMUNITY

( ECSC STAFF REGULATIONS, ARTICLES 90 AND 91 )

2 . ECSC OFFICIALS - DISPUTES WITH THE ADMINISTRATION - COMMITTEE OF PRESIDENTS MADE PARTY TO THE PROCEEDINGS - LEGAL EFFECTS OF MEASURES ADOPTED BY THIS COMMITTEE - INADMISSIBILITY

( ECSC TREATY, ARTICLE 78; ECSC STAFF REGULATIONS, ARTICLES 90 AND 91 )

3 . COMMITTEE OF PRESIDENTS - POWER TO MAKE REGULATIONS IN RELATION TO STAFF - POWER TO ADOPT MEASURES IMPLIES POWER TO AMEND THEM

4 . OFFICIALS - DUTIES PERFORMED AND GRADES - CORRESPONDENCE - PURPOSE AND EFFECTS OF THIS PRINCIPLE - SCOPE

( ECSC STAFF REGULATIONS, ARTICLE 5, ANNEX I )

Summary

1 . AN APPEAL TO THE COURT UNDER ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC MUST BE BROUGHT AGAINST THE INSTITUTION TO WHOM THE PERSON CONCERNED IS RESPONSIBLE . THAT INSTITUTION IS AUTHORIZED TO APPEAR ON BEHALF OF THE COMMUNITY .

CF . PARA . 1 OF SUMMARY IN CASE 18/63, REC . 1964, P . 167 .

2 . IN VIEW OF THE NATURE OF THE DUTIES ASSIGNED TO THE COMMITTEE OF THE FOUR PRESIDENTS BY ARTICLE 78 OF THE TREATY, MEASURES ADOPTED BY IT ARE ONLY CAPABLE OF PRODUCING LEGAL EFFECTS AS REGARDS SERVANTS OF THE COMMUNITY BY MEANS OF DECISIONS OF THE INSTITUTIONS ON WHICH SUCH MEASURES ARE BINDING .

THE LEGALITY OF MEASURES ADOPTED BY THE COMMITTEE OF PRESIDENTS MAY BE CONTESTED BY SUCH SERVANTS ONLY THROUGH SUCH INSTITUTIONS . CONSEQUENTLY AN ACTION BROUGHT BY A SERVANT OF THE COMMUNITY AGAINST THAT COMMITTEE CANNOT BE ADMISSIBLE .

3 . PARAGRAPH 7 OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS PRESUPPOSES THAT THE COMMITTEE OF PRESIDENTS HAS POWER TO MAKE REGULATIONS IN RELATION TO STAFF . IT IS USUAL AND IN ACCORDANCE WITH THE PROPER FUNCTIONING OF ANY ADMINISTRATION THAT A BODY WHICH HAS POWER TO ADOPT REGULATIONS IN A PARTICULAR FIELD SHOULD LIKEWISE HAVE THE POWER TO AMEND THEM .

4 . THE AIM OF THE PRINCIPLE OF THE CORRESPONDENCE BETWEEN DUTIES PERFORMED AND THE GRADE WHICH FORMS THE BASIS OF ANNEX I TO THE STAFF REGULATIONS, AS ALSO OF ARTICLE 5 REFERRING TO THE DEFINITION OF DUTIES AND POWERS DRAWN UP BY EACH INSTITUTION, IS ON THE ONE HAND TO AVOID INEQUALITY OF TREATMENT BETWEEN OFFICIALS TO WHOM DUTIES OF A COMPARABLE NATURE HAVE BEEN VALIDLY ASSIGNED, AND ON THE OTHER HAND TO ENSURE THAT NO OFFICIAL IS REQUIRED TO GIVE SERVICES WHICH DO NOT FALL WITHIN THE DEFINITION OF THE DUTIES ATTACHING TO HIS POST .

WHERE, HOWEVER, INDEPENDENTLY OF THE WISHES OF THE APPOINTING AUTHORITY, A SERVANT PERFORMS DUTIES WHICH, ACCORDING TO THE SCALE OF POSTS, RELATE TO A POST HIGHER THAN THAT WHICH THE APPOINTING AUTHORITY INTENDED TO ACCORD TO HIM, THIS CANNOT CONFER UPON THE SERVANT IN QUESTION THE RIGHT TO BE RECLASSIFIED IN A HIGHER GRADE .