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Judgment No. 2520

Decision

The complaint is dismissed.

Considerations 8-9

Extract:

"It is well settled that candidates are entitled to equal treatment in a competition for an advertised post (see Judgment 1990). It is an important aspect of the principle of equality that all candidates be considered objectively. Necessarily, a person's candidacy should not be evaluated by a person whose impartiality is open to question on reasonable grounds. The rule applies not only to those making or participating in the actual decision but also to those who have an advisory role, for they may exert influence on the ultimate decision (see Judgment 179). [...] To say that a person should not participate in the selection of candidates for an advertised position if his or her impartiality is reasonably open to question is not to say that a person should not have had a professional relationship with, or even supervisory responsibility for, one or more of the candidates. However, if the relationship goes beyond the proper bounds of a professional or supervisory relationship, there may well be reasonable grounds to question the impartiality of the person concerned."

Reference(s)

Jugement(s) TAOIT: 179, 1990

Keywords

advisory body; case law; equal treatment; competition; candidate; selection board; post; supervisor; bias; composition of the internal appeals body



 
Dernière mise à jour: 27.08.2020 ^ haut