Europa 1. Officials – recruitment – vacancy notices and notices of competition – specific requirements – definition of duties – special details – powers of the appointing authority (staff regulations of officials of the communities, articles 2, 4, 5 and 29 and annex iii, article 1) 2. Officials – recruitment – vacancy notices and notices of competition – specific requirements – definition of duties – special details – criterion of nationality – knowledge of a system of national law (staff regulations of officials of the communities, article 27) 3. Officials – recruitment – competition – promotions committee – joint committee – powers – limits (staff regulations of officials of the communities, articles 9 and 45, annex ii, articles 2 and 3, annex iii, article 1) 4. Officials – recruitment – competition open to a higher grade of a career bracket – exceptional nature – conditions (staff regulations of officials of the communities, article 31(2)). 1. When the definition of duties adopted by the institution does not contain the essential information for procuring (by way of vacancy notices or notices of competition) the most suitable applications for the posts to be filled, it is for the appointing authority, as the body responsible under the staff regulations for issuing the notices in question to add to the definition drawn up by the institution the necessary specific requirements, having regard to the needs of the service. In so far as the appointing authority keeps within the definition laid down by the institution, it is a permissible method of carrying out promotions or recruitment policy to stipulate, as regards duties calling for specific qualifications, special details with regard to posts which are the subject of vacancy notices or notices of competition. 2. Although the staff regulations prohibit the reservation of a post for nationals of any specific member state, the appointing authority may nevertheless legitimately make its choice depend, as regards the recruitment of an official to the legal department, on knowledge and experience of a given national legal system. 3. The promotions committee, as regards the question whether promotion can be effected within the institution, and the joint committee, as regards the drawing up of the notice of competition, exercise their powers within the framework of the powers conferred by the staff regulations both on the institution itself and on the appointing authority and having regard to the special features of the post to be filled. 4. It is only permissible to make appointments by way of open competitions to the higher grade of a career bracket in exceptional cases where recourse to the provisions of article 31(2) is justified by the specific needs of the service, which call for the recruitment of a specially qualified official.
Citations:
C-33/67, [1968] EUECJ C-33/67
Links:
European
Updated: 20 May 2022; Ref: scu.131862
