Council of State
14 December 2007
Facts
The head of a prison decided to remove the applicant, Mr. A, from his work position in the prison as kitchen assistant because he was not doing his job properly and had conflictual relationships with his colleagues and other inmates.
Complaint
The applicant appealed against this decision to the head of prison and then to the Administrative Court. All his appeals were rejected because the Court of Appeal considered that the decision of the head of prison could not be challenged in court as it was an internal measure.
Court’s ruling
The Council of State ruled that, given its nature and the importance of its effects on the situation of prisoners, any decision to remove a prisoner from a job position constitutes an administrative decision that can be appealed to the court. However, the same does not apply to decisions of the prison administration who refuses to accept prisoners’ work applications or who refuses to “classify” prisoners for work. These decisions are considered “internal measures” and cannot be challenged in court, except if the fundamental rights of prisoners are at stake. Therefore, the Council of State ruled that the applicant was entitled to challenge his removal from work in Court.