Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - JUDGMENT OF THE COURT - EXECUTION - FAILURE ON THE PART OF THE INSTITUTION IN QUESTION - FINDING BY THE COURT - REQUEST - ADMISSIBILITY

( STAFF REGULATIONS , ARTICLE 91 )

2 . OFFICIALS - STAFF REGULATIONS - GIVING EFFECT TO - GENERAL PROVISIONS - INFORMING THE STAFF - FORMS

( STAFF REGULATIONS , ARTICLE 110 , SECOND PARAGRAPH )

3 . OFFICIALS - ACTS OF THE ADMINISTRATION - PUBLICITY - ARTICLE 25 OF THE STAFF REGULATIONS - LIMITATION TO DECISIONS RELATING TO A SPECIFIC INDIVIDUAL

4 . OFFICIALS - RECRUITMENT - PROCEDURE - SELECTION BOARD - DUTIES - FACTUAL SITUATION OF A CANDIDATE NOT RECORDED IN HIS PERSONAL FILE - TAKING INTO ACCOUNT - NECESSITY - ABSENCE

( STAFF REGULATIONS , ANNEX III , ARTICLE 5 )

5 . OFFICIALS - ACT OF THE ADMINISTRATION - REASONS - LACK OF PRECISION - DECISIVE NATURE - ABSENCE - VALIDITY OF THE MEASURE IN QUESTION

Summary

1 . IT CANNOT BE CONTESTED THAT THOSE TO WHOM A JUDGMENT OF THE COURT ANNULLING AN ACT OF AN INSTITUTION IS ADDRESSED ARE DIRECTLY CONCERNED WITH THE WAY IN WHICH THE INSTITUTION EXECUTES THE JUDGMENT . IT FOLLOWS THAT THEY ARE ENTITLED TO REQUEST THE COURT TO RULE ON ANY FAILURE BY THE INSTITUTION TO PERFORM ITS OBLIGATIONS UNDER THE PROVISIONS APPLICABLE .

2 . MATTERS MAY BE BROUGHT TO THE ATTENTION OF THE STAFF AS PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 110 OF THE STATT REGULATIONS BY MEANS OF A COMMUNICATION TO THE STAFF COMMITTEE .

3 . ARTICLE 25 OF THE STAFF REGULATIONS LAYS DOWN THE MANNER IN WHICH DECISIONS RELATING TO SPECIFIC INDIVIDUALS ARE TO BE PUBLISHED BUT DOES NOT SPECIFY THE MANNER OF PUBLICATION OF ACTS WHICH HAVE A GENERAL SCOPE OR MEASURES WHICH RELATE TO A DIVISION OF POWERS WITHIN THE INSTITUTION .

4 . A SELECTION BOARD IS NOT BOUND , WHEN IT DRAWS UP THE LIST OF SUITABLE CANDIDATES , TO TAKE ACCOUNT OF THE DE FACTO SITUATION OF A CANDIDATE WHICH IS NOT YET SANCTIONED BY A FORMAL DECISION OF THE APPOINTING AUTHORITY RECODED IN THE PERSONAL FILE OF THE CANDIDATE .

5 . WHERE A LACK OF PRECISION IN THE STATEMENT OF REASONS IS NOT OF A DECISIVE NATURE , IT DOES NOT AFFECT THE VALIDITY OF THE ACT IN QUESTION .