Keywords
Summary

Keywords

1 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - INTERESTS OF THE SERVICE - DISCRETION OF THE ADMINISTRATION - MEDICAL BRANCH - DEFINITION OF THE VARIOUS DUTIES - POWERS OF THE ADMINISTRATION - LIMITS - RESPECT FOR DOCTORS ' INDEPENDENCE OF JUDGMENT AND POWERS OF DECISION - APPLICATION TO CONDUCT OF MEDICAL EXAMINATIONS ON RECRUITMENT

2 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - GRADING - DISCRETION OF THE ADMINISTRATION - TAKING INTO ACCOUNT OF CRITERIA OTHER THAN SENIORITY OF OFFICIALS - PERMISSIBILITY

3 . OFFICIALS - POST - ASSIGNMENT OF DUTIES LACKING SUBSTANCE - RIGHT OF OFFICIAL TO REFUSE

Summary

1 . THE FUNCTIONS OF THE MEDICAL BRANCHES OF THE COMMUNITY INSTITUTIONS ARE DETERMINED UNDER THE STAFF REGULATIONS BY THE ADMINISTRATION IN ACCORDANCE WITH THE NEEDS CREATED EITHER BY RECRUITMENT , THE OPERATION OF THE VARIOUS SOCIAL SECURITY SCHEMES , OR THE EXAMINATION OF STAFF AND FA- CILITIES FOR HEALTH PURPOSES . THE ADMINISTRATION HAS THE RIGHT TO DEFINE THE NATURE AND THE SCOPE OF THE VARIOUS MEDICAL TASKS ARISING IN THOSE DIFFERENT AREAS , SAVE ONLY THAT IT MAY NOT IMPAIR THE INDEPENDENCE OF JUDGMENT AND DECISION OF THE DOCTORS WHOM IT EMPLOYS WHEN THEY ARE CARRYING OUT THE DUTIES ASSIGNED TO THEM IN THAT FRAMEWORK AS THUS DEFINED AND WHEN THEY ARE REQUIRED TO CARRY OUT CERTAIN KINDS OF MEDICAL WORK OF A PREVENTIVE OR THERAPEUTIC NATURE ON THEIR OWN RESPONSIBILITY .

THOSE PRINCIPLES ALSO APPLY TO THE PRACTICE OF CONDUCTING MEDICAL EXAMINATIONS OF NEW STAFF . IT IS FOR THE ADMINISTRATION TO DETERMINE THE NATURE AND SCOPE OF THE EXAMINATIONS AND TO GIVE APPROPRIATE INSTRUCTIONS TO THE DOCTORS RESPONSIBLE FOR UNDERTAKING THEM . WITHIN THAT FRAMEWORK DOCTORS ENJOY FREEDOM OF ASSESSMENT IN REGARD TO THEIR MEDICAL FINDINGS AND ASSESSMENT OF THE FITNESS OF CANDIDATES .

2 . THE ADMINISTRATION IS NOT BOUND TO CONSIDER OFFICIALS ' SENIORITY ALONE WHEN ARRANGING ITS INTERNAL ORGANIZATION .

3 . AN OFFICIAL IS ENTITLED TO REFUSE DUTIES WHICH HE MAY RIGHTLY CONSIDER TO BE LACKING IN SUBSTANCE . HE CANNOT THEREFORE BE REPROACHED FOR REFUSING TO COOPERATE IN DEFINING DUTIES THE CONTENT OF WHICH DOES NOT SEEM CLEAR TO HIM AND WHICH ARE FOR THE ADMINISTRATIVE AUTHORITY TO DETERMINE .