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Judgment No. 2006



Consideration 10


The complainant contends that based on a recently published circular, his promotion should have been made retroactive to the date he took up his new duties. "However, to give retroactive effect to [the] circular would not be possible since according to customary methods of interpretation any action prescribed in a text is deemed to be of immediate effect. There is no presumption of retroactive effect.' (Judgment 742 [...]). Indeed, there can be no retroactive application of the rights sought by the complainant, and his status results only from the publication of the circular in question. The charge of arbitrariness would be tenable if there were no basis for applying the circular to the case of the complainant, but, as shown above, the scope of the text explicitly covered his situation."


Jugement(s) TAOIT: 742


effective date; general principle; non-retroactivity; written rule; staff regulations and rules; interpretation; promotion; bias; date; publication; right

Dernière mise à jour: 19.08.2014 ^ haut