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Remarques Relatives Aux Rapports Des Prsidents Gentot Et Valticos

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Chapter Summary

When reviewing the methodology applied by organizations for salary adjustment, the position adopted by a number of tribunals is sometimes questionable. This is illustrated by a dissenting opinion in the International Labour Organization Administrative Tribunal (ILOAT) judgment in Berthet (No. 2) et al., where the dissenting judge criticized the majority's "blessing on a staff regulation which leaves the adjustment of salaries to the 'sovereign' appreciation of the employer". With respect to the assessment of qualifications of staff members who have applied for a vacant position, the approach taken by the Council of Europe Administrative Tribunal (CEAT) is different from the one adopted by the Court of First Instance of the European Communities. The CEAT makes a distinction between objective and subjective qualifications. The determination of whether a qualification is objective or subjective is, however, itself subjective, even though objective qualifications certainly exist (e.g. age, diplomas).

Keywords:Council of Europe Administrative Tribunal (CEAT); International Labour Organization Administrative Tribunal (ILOAT); salary adjustment; staff regulation



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