Judgment No. 238
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."
Keywords
vacancy; appointment; competition; open competition; vacancy notice; discretion; condition
Considerations
Extract:
"The Tribunal believes that the dossier before it contains all the documents required for reaching a decision and that it is therefore needless to order production of the [requested] documents."
Keywords
appraisal of evidence; disclosure of evidence; request by a party
Considerations
Extract:
"[T]he board of examiners had a duty to determine whether or not the candidates should take a written examination. According to the notice of vacancy itself, the board was not obliged to hold such an examination. It was also free to decide, in the light of its inquiries, to choose only one candidate, even though provision had been made for filling two vacancies [...]."
Keywords
appointment; competition; internal competition; discretion
Considerations
Extract:
"In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."
Keywords
work appraisal; appointment; competition; internal competition; discretion; condition; elements
Considerations
Extract:
"The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."
Keywords
vacancy; professional experience; appointment; competition; open competition; degree; discretion; condition; elements
Considerations
Extract:
"An internal competition, of which the main purpose is to promote existing staff members, normally entails taking into consideration all the information available to the organisation concerning them, and in particular information which allows of appraising the professional experience of the candidates."
Keywords
promotion; professional experience; appointment; competition; internal competition; discretion; elements; purpose
Considerations
Extract:
The impugned decisions relate to two different competitions and are contested on different grounds, although "each of them affects the complainant's career in a very similar way. The complainant may therefore refer them to the Tribunal in one and the same complaint."
Keywords
decision; receivability of the complaint; career; appointment; competition; consequence
Considerations
Extract:
"[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."
Keywords
appointment; competition; candidate; open competition; selection board; qualifications; fitness for international civil service; discretion
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