Sunday, March 20, 2005

Grounds for Judicial Review 4- Misuse of Power

This principle of law occurs when the authority issues an act for purposes other than those for which it was intended.

Misuse of power requires the investigation into the motives or purposes behind the acts. Giuffrida applied for a job in a Directorate General for regional policy. The Council instead, hired Emilio Martino for the Job. To qualify Emilio Martino, the Council established unusual qualifications designed for the sole purpose of hiring him. By doing so the Council made it impossible for Giuffrida to be qualified for the job.

Giuffrida brought a suit alleging the competition was not genuine. He argued that the post had been reserved in advance for Martino.

The ECJ concluded in it ruling that the pursuit of such a specific objective is contrary to the aims of any recruitment procedure including internal competition procedure, and thus constitutes a misuse of power. The court annulled the appointment.(See Giuffrida v Council, Case 105/75.) 1976.

Gabriel Sawma

Copyright 2005. ALL RIGHTS RESERVED.

1 comment:

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