Europa 1. Officials – periodic reports – compilation – duty of the administration – breach – justification based on internal organization – not permissible (staff regulations of officials, art. 43)
2. Officials – promotion – consideration of comparative merits – conditions for its legality – the taking into consideration of periodic reports – documents capable of taking the place of a non-existent report – permissibility – limits (staff regulations of officials, art. 45 (1))
1. One of the bounden duties of the administration is to ensure that reports are drawn up periodically on the dates laid down by the staff regulations of officials and that they are drawn up in a proper form. Consequently, the administration may not put forward its internal administrative organization as a justification for failure to observe the obligations owed by it towards its officials in this regard.
2. Although it is true that in exceptional circumstances the absence of periodic reports may be compensated for at the time when the comparative merits of the officials eligible for promotion are considered, by the existence of other information on the merits of the official concerned, such is not, however, the case with a report irregularly included in a personal file after it has been challenged by the official or a proposal for promotion, even in eulogistic terms, or a list of the official ‘ s publications, drawn up by him and containing no objective assessment of their scientific value.
Citations:
C-156/79 and 51/80, C-156/79, [1980] EUECJ C-156/79, [1981] EUECJ C-156/79
Links:
European
Updated: 21 May 2022; Ref: scu.132925