Judgment No. 1963
Decision
THE COMPLAINT IS DISMISSED.
Consideration 6
Extract:
"The complainant [...] wants the President to be ordered to intervene so that the Administrative Council amends the Service Regulations. However, firm precedent has it that the Tribunal may not order such action [...] only in the event that the Office were under an obligation to change its rules in order to ensure respect for the fundamental conditions of service of staff members would the latter, faced with the silence or inaction of the administration, be entitled to challenge the unlawfulness of their situation. In the present case, however, it is fully within the competence of the President and the Administrative Council to amend or not the impugned provisions of the Service Regulations. [...] The complainant cannot plead any breach of his fundamental rights or guarantees as a result of the maintenance of rules which [...] are not unlawful."
Reference(s)
Jugement(s) TAOIT: 1456, 1591
Keywords
claim; competence of tribunal; case law; staff regulations and rules; amendment to the rules; discretion
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