Traduction de «Tribune pour le jury » (Français → Anglais) :

Thus, Article 30 of the Staff Regulations and Article 3 of Annex III to the Staff Regulations provide, first, that for each competition a selection board is to be appointed by the appointing authority; second, that, apart from the chairman of the selection board, the members must be designated in equal numbers by the appointing authority and the Staff Committee; third, that the members of the selection board must be chosen from officials; fourth, that the members of the selection board must be of a function group and grade at least equal to that of the post to be filled; and, fifth, that if a selection board consists of more than fou ...[+++]r members it must comprise at least two members of each gender (judgment of 15 June 2010 in Case F‑35/08 Pachtitis v Commission, paragraphs 53 and 54).

Thus, the Court of First Instance accepted that where full members of a competition selection board are prevented from attending and are replaced, for some of the candidates’ tests, by alternate members in order for the selection board to complete its work within a reasonable period, the composition of the selection board can none the less remain sufficiently stable if the selection board puts in place the coordination needed in order to ensure consistent application of the marking criteria (see, to that effect, Giannini v Commission, paragraphs 208 to 216).

It should be noted that, in the context of the judicial review of the decision by which a selection board refuses to include a candidate on the reserve list, the Tribunal verifies whether the relevant rules of law have been observed, that is to say the rules, in particular the procedural rules, laid down in the Staff Regulations and the notice of competition and those governing the proceedings of the selection board, in particular the selection board’s duty of impartiality and its observance of the principle of equal treatment of cand ...[+++]idates, and the absence of misuse of powers (judgment of 13 December 2012 in Case F‑101/11 Mileva v Commission, paragraph 40 and the case-law cited).

I basically said that maybe the drug treatment court wasn't the place for someone if the person appeared to be relatively harmless to the judge or jury.

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 de ...[+++]cide 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).

EUROPA - EU law and publications - EUR-Lex - EUR-Lex - 62007FJ0016 - EN - Judgment of the Civil Service Tribunal (Third Chamber) of 30 April 2008. Adriana Dragoman v Commission of the European Communities. Public service - Competitions. Case F-16/07.