Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - COMPLAINT REGARDING PERIODIC REPORT - CONDITION UNNECESSARY

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - APPLICATIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - COMPLAINT BY A THIRD PARTY AGAINST A DECISION REGARDING PROMOTION - TIME-LIMITS - POINT FROM WHICH TIME-LIMITS START TO RUN - DAY OF POSTING OF THE DECISION - PUBLICATION IN THE MONTHLY STAFF BULLETIN - IRRELEVANCE

( STAFF REGULATIONS OF OFFICIALS , THIRD PARAGRAPH OF ART . 25 AND ART . 90 ( 2 ))

3 . OFFICIALS - APPLICATIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - MANDATORY

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

4 . PROCEDURE - COSTS - COSTS UNREASONABLY OR VEXATIOUSLY CAUSED

( RULES OF PROCEDURE , SECOND SUBPARAGRAPH OF ART . 69 ( 3 ))

Summary

1 . ACTION AGAINST THE PERIODIC REPORT LIES AS FROM THE DATE ON WHICH THAT REPORT MAY BE REGARDED AS FINAL AND IT IS NOT POSSIBLE TO REQUIRE IN ADDITION THE PRIOR FORMALITY OF A COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS .

2 . WHILST IT IS TRUE THAT THE THIRD PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS SPECIFIES THAT CERTAIN DECISIONS RELATING TO SPECIFIC INDIVIDUALS REGARDING THE PROMOTION OF AN OFFICIAL MUST BE POSTED AND PUBLISHED IT SHOULD BE NOTED THAT , WITH REGARD TO THIRD PARTIES WHO ARE CONCERNED , THE GENERAL SCHEME OF THE SECOND INDENT OF ARTICLE 90 ( 2 ) IMPLIES THAT THE PERIOD DURING WHICH A COMPLAINT MUST BE LODGED STARTS TO RUN AS FROM THE DAY WHEN THE THIRD PARTY CONCERNED RECEIVES NOTIFICATION OF THE MEASURE IN DISPUTE BUT IN NO CASE ' ' LATER THAN THE DATE OF PUBLICATION ' ' . IN THE CASE OF DECISIONS REGARDING THE PROMOTION OF OFFICIALS ' ' THE POSTING AT ONCE ' ' OF SUCH DECISIONS IN THE PREMISES OF THE INSTITUTION TO WHICH THE OFFICIAL BELONGS IS WHOLLY IN CONFORMITY WITH THE OBJECTIVE OF THAT MEASURE WHICH IS TO BRING SUCH INDIVIDUAL DECISIONS TO THE ATTENTION OF THE RESTRICTED CLASS OF PERSONS CONCERNED WHEREAS THE SOLE PURPOSE OF PUBLICATION IN THE MONTHLY STAFF BULLETIN IS TO PROVIDE GENERAL INFORMATION WHICH DOES NOT HAVE ANY PARTICULAR LEGAL EFFECT .

3 . THE PERIODS PRESCRIBED FOR INSTITUTING PROCEEDINGS ARE MANDATORY IN NATURE AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR OF THE COURT . THIS ALSO APPLIES TO THE PERIODS FOR LODGING COMPLAINTS WHICH , FROM THE PROCEDURAL POINT OF VIEW , PRECEDE THEM AND ARE OF THE SAME NATURE SINCE THEY BOTH CONTRIBUTE , WITH THE OBJECTIVE OF ENSURING LEGAL CERTAINTY , TO THE REGULATION OF THE SAME REMEDY .

4 . WHERE AN OFFICIAL PERSISTS IN PURSUING JUDICIAL PROCEEDINGS WITHOUT BEING ABLE TO ESTABLISH A REAL INTEREST ALTHOUGH , AS A RESULT OF HIS COMPLAINTS AND BY MEANS OF THE INTERNAL REVIEW PROCEDURE WITHIN THE DEFENDANT ADMINISTRATION , HE HAS THE ASSESSMENTS MADE ON HIM IN A PERIODIC REPORT FAVOURABLY REVISED IT IS RIGHT TO ORDER HIM TO PAY THE WHOLE OF THE COSTS PURSUANT TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE .