Traduction de «Permettre au juge communautaire d'exercer son contrôle » (Français → Anglais) :

to allow the Community judge to exercise his right of review

Convention concerning measures to be taken by the Member States of the Western European Union in order to enable the Agency for the Control of Armaments to carry out its control effectively and making provision for the due process of law in accordance with Protocol No IV of the Brussels Treaty as modified by the Protocols signed at Paris on 23 October 1954

It should provide a framework that will ensure a coherent and consistent implementation of PESCO projects and include modalities to regularly inform the Council about the development of individual projects, in accordance with Article 5(2) of Decision (CFSP) 2017/2315, and to allow the necessary oversight by the Council.

Moreover, a selection board cannot be required, in giving reasons for a decision not to admit a candidate to a test, to specify which of the candidate’s answers were judged inadequate or to explain why those answers were considered inadequate; such detailed reasons are not necessary to enable the candidate to determine whether or not it is appropriate to lodge a complaint or, if need be, to bring an action, or to enable the Court to exercise its power of review (judgments of 14 July 1995 in Case T‑291/94 Pimley-Smith v Commission, pa ...[+++]ragraphs 63 and 64, and Konstantopoulou v Court of Justice, paragraph 34).

The Court held at paragraph 100 of judgment of 18 July 2013, Commission v Kadi and Others (C‑584/10 P, C‑593/10 P, C‑595/10 P, EU:C:2013:518), that Article 47 of the Charter requires disclosure of sufficient information ‘so as to make it possible for’ litigants to defend their rights ‘in the best possible conditions and to decide, with full knowledge of the relevant facts, whether there is any point in . applying to the court having jurisdiction, and in order to put the latter fully in a position to review the lawfulness of the decision in question’.

For the purposes of the present appeal, it must first be stated that the Civil Service Tribunal recalled that any decision relating to a specific individual which is taken under the Staff Regulations and adversely affects that person must state the reasons on which it is based, on the one hand, to enable the competent court to review the legality of the decision and, on the other, to provide the person concerned with the information necessary to allow him to ascertain whether or not the decision is well founded and to enable him to decide whether to bring an action. It added, however, referring to Case C‑254/95 P Parliament v Innamorati ...[+++][1996] ECR I‑3423, paragraphs 24 to 28, that, as far as concerns decisions taken by a selection board in a competition, the obligation to state reasons must be reconciled with observance of the secrecy surrounding the proceedings of selection boards by virtue of Article 6 of Annex III to the Staff Regulations, secrecy which was instituted with a view to guaranteeing the independence of selection boards and the objectivity of their proceedings. Thus, observance of this secrecy precludes both disclosure of the attitudes adopted by individual members of selection boards and disclosure of any factors relating to individual or comparative assessments of candidates and that the obligation to state the reasons on which decisions of a selection board in a competition are based must take account of the nature of the proceedings concerned, which, at the stage of examination of the abilities of the candidates, are primarily comparative in character and accordingly covered by the secrecy inherent in those proceedings (paragraphs 30 and 31 of the judgment under appeal).