Translation of "recours et contre-recours " (French → English) :

17. Notes with concern that most investigations into the events that occurred in Gezi Park in May and June 2013 and allegations about the disproportionate use of force and police abuse are still pending, and that little progress has been made in identifying the alleged perpetrators; underlines that, following a number of complaints received on the use of force by police officers during the Gezi protests, the Ombudsman issued a report in which it found the use of force to be disproportionate; calls on the Turkish authorities to make amends to all those victims who were non-violent protesters, or who were not amongst the protesters but w ...[+++]ere only accidentally on the site of the events; calls for the completion of effective and impartial investigations into all cases of alleged ill-treatment by state officials and for those responsible to be brought to justice; underlines the need for subsequent adoption of clear rules on the use of force and the role of the police in line with international standards; strongly urges the lifting of restrictions on peaceful assembly and stresses that other laws, such as anti-terrorism legislation, should not be used to prevent people from exercising their right to peacefully protest and that peaceful demonstrations should not be a reason for arrest; calls on the Turkish Government to provide for adequate, objective and transparent checks and balances on the power of law enforcement agencies; recommends that the Turkish authorities set up an independent and effective police complaints mechanism; expresses deep concern at the domestic security package, which goes against the principle of judicial oversight of police activities and is excessive in scope;

Moreover, the argument that, if the position in question has already been filled when the action is brought, an unsuccessful candidate’s application for annulment of the decision rejecting his application will be admissible only if he also seeks annulment of the decision to appoint another candidate to that position would have the effect of introducing a condition for the admissibility of actions concerning the legality of acts adversely affecting officials brought under Article 90(2) of the Staff Regulations which is not laid down in those regulations: there is no requirement under Article 91 of the Staff Regulations (which relates to a ...[+++]ctions brought by officials before the Courts of the European Union against acts adversely affecting them) or indeed in any other legislation, that, in order for his action to be admissible, a candidate who has been unsuccessful in a selection procedure must necessarily direct that action against both the decision rejecting his application and the corresponding decision to appoint another candidate.

3. Access to the labour market shall not be withdrawn during appeals procedures, where an appeal against a negative decision in an ordinary procedure has suspensive effect, until such time as a negative decision on the appeal is issued .

(14a) The Court of Justice has consistently held that the Barber Protocol does not affect the right to join an occupational pension scheme and that the limitation of the effects in time of the judgment of the Court of Justice in Case C-262/88 Barber v Guardian Royal Exchange Assurance Group does not apply to the right to join an occupational pension scheme; the Court has also ruled that the national rules relating to time-limits for bringing actions under national law may be relied on against workers who assert their right to join an occupational pension scheme, provided that they are not less favourable for that type of action than for similar actions of a domestic nature and that they do not render the exercise of rights conferred by Com ...[+++]munity law impossible in practice; the Court has also pointed out that the fact that a worker can claim retroactively to join an occupational pension scheme does not allow the worker to avoid paying the contributions relating to the period of membership concerned.

3. Access to the labour market shall not be withdrawn during appeals procedures, where an appeal against a negative decision in a regular procedure has suspensive effect, until such time as a negative decision on the appeal is notified.

(b) during the appeal procedures, when an appeal against a negative decision has suspensive effect, up to the moment a negative decision on the appeal is notified;