Vincent Vuylsteke has given a presentation on 21 May 2019 at the IFE Conference in Brussels. In his presentation, titled: "Comment déterminer l’autorité compétente pour prendre des décisions à l’encontre du personnel ?" Vincent looked at the relevant aspects with regard to the decision making competence of public sector employers when taking measures relating to their employees. Vincents outlined the basic principles, specific elements and case law relating to the decision power connected to civil servants as well as to contractual employees in the public sector.
The following issues were treated:
- How to prove that the decision was taken by the competent authority?
- Under what conditions can a system of decision-taking delegation be organised?
- Can a contractor make a decision regarding a statutory employee?
- What to do if the competent authority is absent or unable to act?
- Are there any particularities for decisions taken against contractual agents?
- Is it possible to ratify a posteriori a decision or to correct a defect of incompetence?
- What is the extent of thecontrol of the Council of State and the courts?
Download