Judgment No. 330
THE COMPLAINT IS DISMISSED.
The Administrative Council's declaration which the complainant cites is a document that "does not have the force of a rule but merely affords guidance." And although the "general principles" approved by the Administrative Council "give [the Director-General] guidance [...] they also respect his discretionary authority and the Tribunal must acknowledge that by not going beyond the scope of its minimum power of review".
administrative instruction; judicial review; discretion; executive head; executive body; binding character
In the present case "the Tribunal has no grounds for broadening the scope of its customary power to review decisions on promotion. Indeed, the [relevant provision] states that promotion is a matter of choice and so qualifies it as a discretionary decision - in other words, one over which the Tribunal may exercise only a limited power of review."
promotion; judicial review; discretion
The complainant seeks disclosure of "'documents in his file which may have prompted his exclusion'. [...] For want of clearer information the Tribunal supposes that the documents the complainant means are his performance reports, but since he himself signed them he must have been fully aware of their contents."
vague claim; complainant; cause of action; no cause of action; disclosure of evidence; personal file; request by a party