This document is an excerpt from the EUR-Lex website
Document 61976CJ0061
Sumarul hotărârii
Sumarul hotărârii
1 . OFFICIALS - MEASURE ADVERSELY AFFECTING AN OFFICIAL - STATEMENT OF THE REASONS UPON WHICH IT IS BASED - CONCEPT
( STAFF REGULATIONS OF OFFICIALS , ARTICLE 25 )
2 . OFFICIALS - RECRUITMENT - TRANSFER - DIFFICULTIES - MUST BE ACCEPTED BY THE OFFICIAL CONCERNED
( STAFF REGULATIONS OF OFFICIALS , ARTICLE 29 )
3 . OFFICIALS - ADMINISTRATION - ORGANIZATION OF THE SERVICES - EXCLUSIVE POWER
4 . OFFICIALS - PERIODIC REPORT - DRAWING-UP THEREOF - DUTY OF THE ADMINISTRATION
( STAFF REGULATION OF OFFICIALS , ARTICLE 43 )
1 . IT IS NECESSARY TO CONSIDER THAT A DECISION ADVERSELY AFFECTING AN OFFICIAL STATES THE REASONS UPON WHICH IT IS BASED IF THE SUPPORTING STAFF MEMORANDA HAVE BEEN BROUGHT TO THE KNOWLEDGE OF THE OFFICIAL , HAVE CLEARLY INFORMED HIM OF THE REASONS UNDERLYING THE MEASURE IN QUESTION AND CONTAIN ALL THE ESSENTIAL FACTORS SUFFICIENT TO ENABLE JUDICIAL REVIEW .
2 . THE TRANSFER OF AN OFFICIAL OF THE COMMUNITY DOES NOT CONSTITUTE AN ABNORMAL AND UNFORESEEABLE EVENT IN HIS CAREER ALTHOUGH IT MAY CAUSE HIM FAMILY AND FINANCIAL DIFFICULTIES WHEN THE PLACES OF EMPLOYMENT TO WHICH HE MAY BE TRANSFERRED ARE SPREAD OVER SEV- ERAL STATES AND THE ADMINISTRATION MAY BE REQUIRED TO MEET NEEDS OF THE SERVICE WHICH COMPEL IT TO DECIDE SUCH TRANSFER . 3 . THE ADMINISTRATION IS ALONE RESPONSIBLE FOR THE ORGANIZATION OF THE SERVICES WHICH IT MUST BE ABLE TO FIX AND ALTER ON THE BASIS OF ITS TASKS .
4 . THE PERIODIC REPORT , WHICH MUST COMPULSORILY BE DRAWN UP FOR THE GOOD ADMINISTRATION AND RATIONALIZ- ATION OF THE SERVICES OF THE COMMUNITY AND IN ORDER TO SAFEGUARD THE INTERESTS OF OFFICIALS , CONSTITUTES AN INDISPENSABLE CRITERION OF ASSESSMENT EACH TIME THE OFFICIAL ' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION . ONE OF THE BOUNDEN DUTIES OF THE ADMINISTRATION IS THEREFORE TO ENSURE THAT THAT REPORT IS DRAWN UP PERIODICALLY ON THE DATES LAID DOWN BY THE STAFF REGULATION AND THAT IT IS DRAWN UP IN PROPER FORM .