Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - PERIODIC REPORTS - ADMISSIBILITY

( STAFF REGULATIONS , ARTICLE 91 )

2 . OFFICIALS - APPLICATIONS TO THE COURT - PERIODIC REPORTS - DATE OF SIGNING BY THE HEAD OF THE ADMINISTRATION - COMMENCEMENT

( STAFF REGULATIONS , ARTICLE 91 )

3 . OFFICIALS - PERIODIC REPORT - NATURE

( STAFF REGULATIONS , ARTICLE 43 )

Summary

1 . IT IS CLEAR THAT PERIODIC REPORTS GENERALLY CONSTITUTE A MORE OR LESS IMPORTANT FACTOR EACH TIME THE OFFICIAL CONCERNED IS CONSIDERED FOR ANY PROMOTION OR TAKES PART IN COMPETITIONS WITHIN THE MEANING OF ARTICLE 29 OF THE STAFF REGULATIONS . ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING VITIATED FOR IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWERS - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL . ACCORDINGLY AN APPLICATION TO THE COURT AGAINST A PERIODIC REPORT IS ADMISSIBLE .

2 . THE PERIODIC REPORT DOES NOT BECOME DEFINITIVE UNTIL SIGNED BY THE HEAD OF THE ADMINISTRATION . ACCORDINGLY THE FACT THAT THE OFFICIAL CONCERNED HAS IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED FOR THE DRAWING UP OF PERIODIC REPORTS HAD KNOWLEDGE OF THE CONTENT BEFORE THAT DATE IS NOT CAPABLE OF CAUSING THE PERIOD FOR LODGING AN APPEAL TO START TO RUN OR OF SHORTENING IT .

3 . PERIODIC REPORTS DO NOT COME WITHIN THE CATEGORY OF DECISIONS WITHIN THE MEANING OF ARTICLE 25 OF THE STAFF REGULATIONS BUT ARE GOVERNED BY THE SPECIAL PROVISIONS LAID DOWN BY OR BY VIRTUE OF ARTICLE 43 OF THE STAFF REGULATIONS .