Keywords
Summary

Keywords

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1.Officials - Organization of departments - Assignment of staff - Discretionary power of the administration - Limits - Interest of the service - Compliance with the principle that the post to which an official is assigned should correspond to his grade - Obligation to state the grounds and to give the official concerned a hearing beforehand - None

( Staff Regulations of Officials, Art . 7(1 ) )

2.Officials - Organization of departments - Assignment of staff - Reassignment in the interest of the service - Conditions

( Staff Regulations of Officials, Art . 7(1 ) )

3.Officials - Decision adversely affecting an official - Concept - Decision involving the transfer of an official against his will - Obligation to state the grounds - Scope

( Staff Regulations of Officials, Art . 25, second paragraph )

Summary

1.The Community institutions have a wide discretion to organize their departments to suit the task entrusted to them and to assign the staff available to them in the light of such tasks, on condition, however, that the staff are assigned in the interests of the service and in conformity with the principle of assignment to an equivalent post .

The administration is not obliged to provide a statement of reasons for a mere measure of internal organization which does not affect the official' s position under the Staff Regulations or infringe the principle that the post to which he is assigned should correspond to his grade, or to give the official concerned a hearing beforehand .

2.The transfer of an official in order to put an end to an administrative situation which has become intolerable must be regarded as having been taken in the interest of the service .

However, a decision to reassign an official which involves his moving to another place of employment against his will must be taken with the necessary diligence and with particular care, in particular having regard to the personal interests of the official concerned .

3.A decision involving the transfer of an official against his will is a measure adversely affecting the official within the meaning of Article 25 of the Staff Regulations and must therefore state the grounds on which it is based . Such a decision contains an adequate statement of grounds if the decision which is the subject-matter of the action was taken in circumstances known to the official concerned and enables him to be aware of the scope of the decision taken in his regard . That condition is met if the decision at issue was preceded by meetings in the course of which the Director-General for Personnel and Administration explained to the applicant the situation and the reasons for the planned reassignment .