EU Law Case T-854/16 Overview
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Questions and Answers

What basis did the appointing authority use to award points to the applicant for the years 2007 to 2009?

  • The 2006 staff report exclusively
  • Supervisory tasks mentioned in job description (correct)
  • Length of service in the position
  • Overall performance in the organization

Why did the appointing authority not grant additional points to the applicant for the year 2006?

  • All staff reports were deemed unsatisfactory
  • The staff report referred to the applicant as an assistant (correct)
  • The applicant did not perform any management tasks
  • The applicant failed to apply for additional points

What was the level of points awarded per year for the years 2005 to 2014?

  • No points were awarded
  • 0.5 points
  • 1 point
  • 0.1 points (correct)

What type of evidence did the appointing authority consider to assess the level of responsibility?

<p>Complexity of projects managed (A)</p> Signup and view all the answers

What inconsistency did the applicant claim regarding the assessment process?

<p>Inconsistency with previous certification exercises (B)</p> Signup and view all the answers

What specific role was noted in the applicant's 2006 staff report?

<p>Assistant (A)</p> Signup and view all the answers

What does the appointing authority's discretion relate to in the context of awarding points?

<p>Performance assessment criteria (B)</p> Signup and view all the answers

Which aspect was NOT provided as a basis for the applicant's point assessment?

<p>Managing simple tasks (B)</p> Signup and view all the answers

What was the main objective of the Internal Competition 2015/023?

<p>To find candidates suitable for appointment to a post in function group AD. (C)</p> Signup and view all the answers

What score did Mr. João Miguel Barata originally receive in the certification exercise?

<p>31.7 points (A)</p> Signup and view all the answers

What action did Mr. João Miguel Barata take after learning he was not selected?

<p>He appealed to the Joint Certification Procedure Committee. (B)</p> Signup and view all the answers

Which criteria in the marking scheme were found to have errors after Mr. Barata's appeal?

<p>Adaptability and management duties. (A)</p> Signup and view all the answers

How many candidates were selected to take part in the certification programme?

<p>Seven candidates. (A)</p> Signup and view all the answers

When did Mr. João Miguel Barata submit his application for the competition?

<p>7 October 2015 (D)</p> Signup and view all the answers

What was the result after the appointing authority revised Mr. Barata's score?

<p>31.9 points (B)</p> Signup and view all the answers

What form of complaint did Mr. Barata lodge under Article 90(2)?

<p>A complaint against the decision of the appointing authority. (B)</p> Signup and view all the answers

What is the significance of the appointing authority's discretion regarding the applicant's work as Local Security Officer?

<p>It allows the authority to decide which duties are relevant for assessment. (C)</p> Signup and view all the answers

What does the appointing authority's decision to award 0.1 points for the 2012 to 2014 staff reports indicate?

<p>A total of 0.3 points was accumulated from these reports. (B)</p> Signup and view all the answers

Why did the General Court refrain from reviewing the merits of the appointing authority's assessment?

<p>It lacks the authority to overturn the appointing authority's decisions. (B)</p> Signup and view all the answers

What must be shown to prove a manifest error of assessment by the appointing authority?

<p>Demonstration of a clear and significant error in judgment. (A)</p> Signup and view all the answers

How did the applicant fail to support the claim of a manifest error regarding duties performed outside normal duties?

<p>By relying solely on past claims without new evidence. (A)</p> Signup and view all the answers

What was one of the reasons the appointing authority did not consider the applicant’s workload during the Portuguese Presidency of the EU as exceptional?

<p>The authority classified it as part of normal duties. (B)</p> Signup and view all the answers

What is the implication of the appointing authority explaining how points were graded in the applicant's staff reports?

<p>It absolves the authority from accusations of discrimination. (C)</p> Signup and view all the answers

What do the complaints based on a manifest error of assessment ultimately lead to?

<p>A rejection of the first plea in law in its entirety. (A)</p> Signup and view all the answers

What factor contributed to the rejection of the applicant's argument regarding the 2005 staff report?

<p>The 2005 staff report was significantly shorter than other reports. (A)</p> Signup and view all the answers

Under which criterion did the appointing authority award points to the 2005 staff report?

<p>Level of responsibility (C)</p> Signup and view all the answers

What evidence did the applicant use to challenge the consideration of the 2004 staff report?

<p>Consultation minutes from April 2016 (C)</p> Signup and view all the answers

What was indicated by the applicant in his consultation of the application file?

<p>There were 92 pages of staff reports from 2005-2014. (B)</p> Signup and view all the answers

What mistake is highlighted regarding the 'Staff reports 2005-2014' reference?

<p>It excluded the 2004 staff report by accident. (B)</p> Signup and view all the answers

How did the applicant verify the inclusion of the 2004 staff report in his application?

<p>By initialling all the staff reports in the file (A)</p> Signup and view all the answers

What conclusion can be drawn about the attention given to the 2004 staff report?

<p>It was considered as part of the overall evaluation. (D)</p> Signup and view all the answers

What geographical detail was problematic in the 2005 staff report?

<p>It lacked opinions from the assessors. (D)</p> Signup and view all the answers

What was the main reason for dismissing the complaint regarding the 2004 and 2005 staff reports?

<p>The appointing authority took both reports into account when assessing the applicant. (C)</p> Signup and view all the answers

Which criterion did the applicant claim was assessed with manifest errors?

<p>Use of multiple skills. (C)</p> Signup and view all the answers

What does the applicant allege regarding the assessment of his professional experience?

<p>Some key experiences were discriminatorily omitted. (D)</p> Signup and view all the answers

What significant error did the applicant highlight in the scoring process?

<p>Evaluating senior positions too leniently. (D)</p> Signup and view all the answers

According to the applicant, which aspect of his qualifications received inadequate explanation for its omission?

<p>Management duties. (B)</p> Signup and view all the answers

What conclusion can be drawn about the evaluation process used by the appointing authority?

<p>It failed to recognize some important factors. (C)</p> Signup and view all the answers

What does COPAC refer to in this context?

<p>The committee that assessed the applicant. (B)</p> Signup and view all the answers

What criteria did the applicant believe were improperly assessed by the appointing authority?

<p>Duties performed outside normal responsibilities. (B)</p> Signup and view all the answers

What is the primary basis for assessing the applicants' potential for an administrator's function?

<p>Predefined criteria in the call for applications (C)</p> Signup and view all the answers

What does the Parliament argue regarding the applicant's challenge of the assessment?

<p>The applicant is replacing their own assessment for that of the authority. (D)</p> Signup and view all the answers

According to settled case-law, what discretion does the appointing authority have?

<p>Wide discretion in assessing merits for promotions (D)</p> Signup and view all the answers

What must the European Union judicature do when reviewing the appointing authority's assessments?

<p>Determine if the authority remained within reasonable bounds. (D)</p> Signup and view all the answers

What kind of judgments are not amenable to objective verification according to the content?

<p>Complex value judgments (A)</p> Signup and view all the answers

What does Article 45(1) of the Staff Regulations entail regarding promotion procedures?

<p>Comparative merits assessment conducted objectively (B)</p> Signup and view all the answers

When is the European Union judicature restricted from reviewing the merits of an official’s appraisal?

<p>When value judgments are involved that cannot be objectively verified (C)</p> Signup and view all the answers

What type of skills are assessed as part of the evaluation for the administrator's function?

<p>Multiple skills, adaptability, and management duties (C)</p> Signup and view all the answers

Flashcards

Manifest Error of Assessment

A significant mistake in evaluating something, easily detectable, and demonstrably wrong.

Staff Reports

Evaluation reports of employees' performance and duties

Appointing Authority

The body responsible for assigning positions.

Transfer Assessment

Evaluation of an employee's transfer according to specific criteria.

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Management Tasks

Tasks involved in overseeing and leading a project or team.

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Level of Responsibility

The degree of authority and importance of the tasks assigned.

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Discretionary Power

The authority to make decisions based on judgment and not rigid rules.

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Certification Exercises

Evaluations to confirm employee skills and qualifications.

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Internal Competition

A selection process within an organization to choose candidates for a specific position, often involving assessments and evaluation.

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Joint Certification Procedure Committee (COPAC)

A committee responsible for overseeing and reviewing the certification process, ensuring its fairness and effectiveness.

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Staff Regulations

A set of rules and guidelines governing the employment and working conditions of employees within an organization, particularly in the public sector.

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Contested Decisions

Decisions or outcomes of a process that are challenged or disputed by one or more parties involved.

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Marking Scheme

A system used to evaluate candidates in a selection process, assigning points or values to different criteria.

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Adaptability

The ability of an individual to adjust and respond effectively to changing circumstances or environments.

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What is the purpose of 'certification exercises'?

Certification exercises help confirm an employee's skills and qualifications. They're a way to check if someone has the necessary knowledge and abilities for a job.

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Why are previous certification exercises irrelevant in this case?

Previous certification exercises don't demonstrate if there's a manifest error in a current assessment. Past performance doesn't guarantee a flawless current evaluation.

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What is 'duties performed outside normal duties'?

Tasks that go beyond the usual responsibilities of a job. These are special or extra efforts that are not part of routine work.

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Why did the court reject the argument about 'duties performed outside normal duties'?

The court ruled that the appointing authority had the right to decide whether specific tasks were considered part of normal duties or not. The court won't overrule such decisions unless there's a clear error.

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Why did the court reject the argument about discriminatory grading of 'staff reports'?

The court accepted the appointing authority's explanation for how it graded staff reports. They ruled that the grading wasn't discriminatory, and the appointing authority's judgment is respected unless proven wrong.

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Reconduction No 88507

The title of the 2005 staff report, indicating that it involved an extension of employment.

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Level of Responsibility Criterion

Specific factor used in evaluating the applicant's staff report, focusing on the importance and authority of the tasks performed.

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Material Error

A significant mistake in the applicant's document, specifically in the count of the staff reports.

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Consultation of the Application File

A review process where the applicant reviewed all the staff reports submitted for their certification.

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Initialled staff reports

The applicant's action of confirming that they saw and reviewed each staff report, including the 2004 report.

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Staff report's content

The information contained in the staff reports, including comments made by the assessors.

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Minutes of April 5, 2016

A document that records the applicant's review of their application file, where they counted the number of pages in the staff reports.

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Appointing Authority's Discretion

The power of the body responsible for promotions to make decisions based on judgment, taking into account various factors, within reasonable limits.

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Objective Assessment of Merits

Evaluating an employee's qualifications and contributions in a fair and unbiased manner, considering all relevant information.

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Substituting Assessment

When someone tries to replace the appointing authority's evaluation with their own judgment.

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Reviewing Administrative Decisions

The process where courts examine whether the administrative body acted reasonably and fairly in making a decision.

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Complex Value Judgments

Evaluations involving subjective opinions and considerations that are difficult to measure objectively.

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Comparative Merits

The process of comparing the qualifications and contributions of different candidates for a promotion based on objective criteria.

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What is a 'manifest error' in the context of assessments?

A clear and easily identifiable mistake in the way an applicant's skills and experience were evaluated. It's not just a difference of opinion, but a demonstrably incorrect assessment.

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What are 'staff reports' used for in the context of the case?

Detailed reports that document an employee's work experience, responsibilities, and achievements, used specifically for promotions or transfers.

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How do 'staff reports' impact a transfer assessment?

They provide evidence of an employee's capabilities and experiences, which the appointing authority uses to assess whether the employee is qualified for the new position.

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Holistic Reading

A method of analysis where all parts of a text, like a report, are considered together to understand its overall meaning.

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Discriminatory Assessment

An evaluation that unfairly favors some applicants over others based on irrelevant factors, not their actual skills and competencies.

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What is the 'appointing authority' responsible for?

The organization or group responsible for making the decision to hire or promote an individual into a position.

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Why is the 'level of responsibility' important in transfer assessments?

It measures the importance and complexity of the tasks an employee has handled. Higher responsibilities indicate a higher level of experience and capability.

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How can the 'use of multiple skills' affect an assessment?

This aspect shows how well an applicant can combine different skills to achieve a goal. It highlights their versatility and adaptability.

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Study Notes

Case T-854/16

  • João Miguel Barata (applicant) challenged the European Parliament's decision not to include him in the 2015 training program.
  • Barata's application was made under Article 270 TFEU.
  • The 2015 certification exercise aimed to select officials for promotion to function group AD.
  • Barata's application was submitted on 7 October 2015.
  • The appointing authority informed Barata on 29 January 2016 that he did not make the final list.
  • He scored 31.7 points, while the selected candidates scored between 33.8 and 34.7 points.
  • Barata appealed, the appointing authority confirmed the initial decision on 29 March 2016.
  • Barata complained on 25 August 2016, but the complaint was rejected.
  • The action was brought on 5 December 2016.
  • The General Court (Second Chamber) reviewed the case on 5 March 2018.

Background to the Dispute

  • The initial competition notice (Internal Competition 2015/023) was published on 18 September 2015.
  • The applicant, Barata, applied for the 2015 certification exercise.
  • Barata's application was unsuccessful due to a low score (31.7 points).

Procedure

  • Barata brought a complaint under Article 90(2) of the Staff Regulations.
  • The Secretary-General revised the score in 25 August 2016, but not enough to be included in the final list.
  • Barata filed his action for annulment of the decisions on 5 December 2016.
  • Complaints surround manifest errors of assessment, equal treatment between candidates, and a violation of the principle of effective judicial protection.
  • The European Parliament's response was that various complaints were not sufficiently detailed, and that other grounds were not clear enough.

Arguments and Responses

  • Barata argued that the Parliament failed to consider his professional experience and that the assessment criteria were not applied fairly.
  • He also claimed manifest errors, breach of the principle of equal treatment and of the principle of effective protection and his rights to be heard.
  • The European Parliament disputed these claims, insisting its decision was appropriate and that the applicant's claims were unfounded or insufficiently detailed.

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Description

This quiz evaluates your understanding of the case T-854/16 involving João Miguel Barata's challenge against the European Parliament's decision. It explores the application process and the subsequent appeals related to the 2015 training program for officials. Test your knowledge of European Union law and case procedures.

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