Keywords
Summary

Keywords

1 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARD - INDEPENDENCE - LIMITS - ADOPTION OF UNLAWFUL DECISIONS - DUTIES OF THE APPOINTING AUTHORITY - REVIEW BY THE COURT

2 . OFFICIALS - RECRUITMENT - COMPETITIONS - CONDITIONS OF ADMISSION - SUPPORTING DOCUMENTS - INSUFFICIENT - REFUSAL OF THE SELECTION BOARD TO ALLOW ADDITIONAL DOCUMENTS TO BE PRODUCED - DISREGARD OF THE DUTY TO HAVE REGARD TO THE INTERESTS OF OFFICIALS .

( STAFF REGULATIONS , ANNEX III , ART . 2 , PARA . 2 )

Summary

1 . IN VIEW OF THE INDEPENDENCE OF SELECTION BOARDS , THE INSTITUTION CONCERNED HAS NO POWER TO ANNUL OR AMEND A DECISION TAKEN BY A SELECTION BOARD . HOWEVER , IN EXERCISING ITS OWN POWERS , THE APPOINTING AUTHORITY CANNOT BE BOUND BY A DECISION OF A SELECTION BOARD WHERE THE ILLEGALITY OF THAT DECISION IS LIABLE TO VITIATE ITS OWN DECISIONS . IF IT IS UNABLE TO APPOINT A CANDIDATE BECAUSE IT CONSIDERS THAT THE SELECTION BOARD HAS UNLAWFULLY REFUSED TO ALLOW ONE OR MORE CANDIDATES TO TAKE PART IN THE COMPETITION AND THAT AS A RESULT THE WHOLE COMPETITION IS INVALIDATED , IT IS UNDER A DUTY TO TAKE FORMAL NOTE OF THAT SITUATION BY MEANS OF A REASONED DECISION AND RECOMMENCE THE WHOLE COMPETITION PROCEDURE FOLLOWING PUBLICATION OF A NEW NOTICE AND IF NECESSARY THE APPOINTMENT OF A NEW SELECTION BOARD . WHERE THE APPOINTING AUTHORITY HAS TAKEN NO SUCH DECISION , IT IS FOR THE COURT , ON THE APPLICATION OF THE PARTIES CONCERNED , TO RULE DIRECTLY ON THE LEGALITY OF THE SELECTION BOARD ' S DECISION .

2 . THE DUTY OF THE ADMINISTRATION TO LOOK AFTER THE WELL-BEING OF ITS OFFICIALS REFLECTS THE BALANCE OF THE RECIPROCAL RIGHTS AND OBLIGATIONS ESTABLISHED BY THE STAFF REGULATIONS IN THE RELATIONSHIP BETWEEN THE OFFICIAL AUTHORITY AND THE CIVIL SERVANTS . A PARTICULAR CONSEQUENCE OF THIS BALANCE IS THAT WHEN THE OFFICIAL AUTHORITY TAKES A DECISION CONCERNING THE SITUATION OF AN OFFICIAL , IT SHOULD TAKE INTO CONSIDERATION ALL THE FACTORS WHICH MAY AFFECT ITS DECISIONS AND THAT WHEN DOING SO IT SHOULD TAKE INTO ACCOUNT NOT ONLY THE INTERESTS OF THE SERVICE BUT ALSO THOSE OF THE OFFICIAL CONCERNED . A SELECTION BOARD IS ALSO SUBJECT TO THAT DUTY FOR , ALTHOUGH IN THE ABSENCE OF DETAILS IN THE NOTICE OF COMPETITION IT MAY REQUIRE CANDIDATES TO PRODUCE ANY DOCUMENT IT CONSIDERS NECESSARY AND IN WHATEVER FORM IT CONSIDERS APPROPRIATE , IT CANNOT REJECT AN APPLICATION WITHOUT GIVING THE APPLICANT THE OPPORTUNITY TO PRODUCE ADDITIONAL DOCUMENTS CAPABLE OF REGULARIZING HIS APPLICATION . THAT REASONING IS ESPECIALLY APPLICABLE WHERE IT IS A QUESTION OF AN INTERNAL COMPETITION INVOLVING A LIMITED NUMBER OF CANDIDATES .