Judgment No. 301
Decision
THE COMPLAINT IS DISMISSED.
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
Jugement(s) TAOIT: 304
Keywords
promotion; judicial review; discretion; executive head; refusal
Consideration 1
Extract:
Vide Judgment 303, consideration 2.
Reference(s)
Jugement(s) TAOIT: 303
Keywords
no cause of action; case pending; disclosure of evidence; right to reply; promotion board; criteria
Consideration 5
Extract:
It is for the competent committees and the Director-General to adapt the conditions of promotion to the requirements of the organisation. "Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."
Keywords
effective date; competence; equal treatment; amendment to the rules; promotion; promotion board; executive head; organisation's interest; criteria; date
Consideration 4
Extract:
"The function of [careers] committees is purely advisory, and the criteria they adopt have no binding force. Hence, even though those criteria are not beyond reproach, the Director-General's decisions are not tainted on that account."
Keywords
advisory body; promotion; promotion board; discretion; executive head; binding character; criteria
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