STAFF REGULATIONS

STAFF REGULATIONS

Marta Statkiewicz

Department of International and European Law Faculty of Law, Administration and Economics

STAFF REGULATIONS

Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the

EUROPEAN UNION LAW

PRIMARY LAW

_{SECONDARY LAW}

regulations directives

decisions recommendations and opinions Treaty on the European Union

STAFF REGULATIONS

•

• 136 regulations established in the period 6th _{of March 1963 -30}th _{of April 2014}

• 10 corrigenda (last one on 29th _{of April 2015)}

STAFF REGULATIONS

structure

TITLE VII – Appeals

TITLE VIIIa - Special provisions applicable to the EEAS

TITLE VIIIb - Special and exceptional

provisions applicable to officials serving in a third country

TITLE IX - Transitional and final provisions TITLE I - General provisions

TITLE II - Rights and obligations of officials TITLE III - Career of officials

TITLE IV - Working conditions of officials

TITLE V - Emoluments and social security for officials

OFFICIAL OF THE UNION

definition

art. 1a para. 1 :

any person who has been appointed, as provided for in these Staff Regulations, to an established post on the staff of one of the institutions of the Union

OFFICIAL OF THE UNION

definition

→the European External Action Service

→the European Economic and Social Committee →the Committee of the Regions,

→the European Ombudsman

PROHIBITION OF DISCRIMINATION

any discrimination based on any ground such as sex, race, colour, ethnic or

social origin, genetic features, language, religion or belief, political or any

PROHIBITION OF DISCRIMINATION

• principle of equal treatment of men and women

EU POSTS

EU POSTS

appointment

● level of post-secondary education (diploma)

● level of secondary education (diploma) giving access to post-secondary education, and appropriate professional experience of at least 3years

● where justified in the interests of the service, professional training or professional experience of an equivalent level

● level of education which corresponds to completed university studies of at least three years (diploma)

● where justified in the interest of the

service, professional training of an equivalent level

● level of education which corresponds to completed university studies when the normal period of university education is four years or more (diploma)

● level of education which corresponds to completed university studies (diploma) and appropriate professional experience of at least one year when the normal period of university education is at least three years ● where justified in the interest of the

EMPLOYMENT ORGANS

APPOINTING AUTHORITY STAFF COMMITTEE JOINT COMMITTEES DISCIPLINARY BOARDS JOINT ADVISORY COMMITTEES

EU OFFICALS’ OBLIGATIONS

I. carry out the duties assigned to him objectively, impartially and in keeping with his duty of loyalty to the Union (taking into account interests of the EU)

II. neither seek nor take instructions from any government, authority, organisation or person outside his institution

III. not deal with a matter in which, directly or indirectly, he has any personal interest such as to impair his independence, and, in particular, family and financial interests

IV. refrain from any action or behaviour which might reflect adversely upon his position

EU OFFICALS’ OBLIGATIONS

PSYCHOLOGICAL HARASSMENT means any improper conduct that takes place over a period, is repetitive or

systematic and involves physical behaviour, spoken or written language, gestures or other acts that are intentional and that may undermine the personality, dignity or physical or psychological integrity of any person.

SEXUAL HARASSMENT means conduct relating to sex which is unwanted by the person to whom it is directed

EU OFFICALS’ OBLIGATIONS

VI. ask for permission of the Appointing Authority, when and EU official wish to engage in an outside activity, whether paid or unpaid, or to carry out any assignment outside the UE VII. inform the Appointing Authority, when the spouse of an EU official is in gainful

employment

VIII. inform the Appointing Authority, when the EU official intends to stand for a public office IX. refrain from any unauthorised disclosure of information received in the line of duty,

unless that information has already been made public or is accessible to the public (also after leaving the service!)

EU OFFICALS’ OBLIGATIONS

XI. reside either in the place where he is employed or at no greater distance there from as is compatible with the proper performance of his duties

XII. inform the Appointing Authority, when the spouse of an EU official is in gainful employment

XIII. inform the Appointing Authority, when the EU official intends to stand for a public office XIV. refrain from any unauthorised disclosure of information received in the line of duty,

unless that information has already been made public or is accessible to the public (also

after leaving the service!)

EU OFFICALS’ OBLIGATIONS

relations of EU official with his/her superiors

XVII. shall be responsible for the performance of the assigned duties to the superior

XVIII. inform the superior in the case of receiving orders which he considers to be irregular or likely to give rise to serious difficulties

XIX. refrain from any unauthorised disclosure of information received in the line of duty,

unless that information has already been made public or is accessible to the public (also after leaving the service!)

EU OFFICALS’ RIGHTS

I. right to freedom of expression, with due respect to the principles of loyalty and impartiality

II. enjoy privileges and immunities indicated in Protocol (No 7) on the privileges and

immunities of the European Union (e.g. laissez-passer granted only to heads of units) III. has the Union assistance in e.g. proceedings against any person perpetrating threats,

insulting or defamatory acts or utterances, or any attack to person or property to which he or a member of his family is subjected by reason of his position or duties

IV. right to trainings and instructions for officials, which are compatible with the proper functioning of the service and are in accordance with officials’ interests (participation is taken into account for purpose of possible promotion)

EU OFFICALS’ RIGHTS

VI. submit requests concerning issues covered by these Staff Regulations to the Appointing Authority of their institution

VII. right to acuaint the personal file, which are confidential and may be consulted only in the offices of the administration or on a secure electronic medium

• all documents concerning his administrative status and all reports relating to his ability, efficiency and conduct

• any comments by the official on such documents.

• cannot contain any reference to his political, trade union, philosophical or

CAREER OF OFFICIALS

subject-matter

I. RECRUITMENT

II. ADMINISTRATIVE STATUS

III. REPORTS, ADVANCEMENT TO A HIGHER STEP AND PROMOTION

RECUIRTMENT

„(…) directed to securing for the institution the services of officials

of the highest standard of ability, efficiency and integrity, recruited

on the broadest possible geographical basis from among nationals

of Member States of the Union.

RECUIRTMENT

conditions of appointment

II. fullfill of any obligations imposed by the laws concerning military service; III. possess of appropriate character references;

IV. pass a competition based on either qualifications or tests, or both qualifications and tests

V. to be aphysically fit to perform the duties

RECUIRTMENT

• medical examination by one of the institution's medical officers

ACTIVE EMPLOYMENT

„An official having active status is one who is performing the

duties pertaining to the post to which he has been appointed or

SECONDMENT

IN THE INTERESTS OF THE SERVICE

BY OWN REQUEST

I. to serve temporarily in a post outside his institution

II. to assist temporarily a person holding an office provided for in the Treaties (e.g. the elected President of one of the institutions or organs of the UE)

III. to serve temporarily in a post which is included in the list of posts financed from the research and investment appropriations and which the budgetary authorities have classified as temporary

I. been placed at the disposal of another of the institutions of the EU

LEAVE ON PERSONAL GROUNDS

• duration shall not exceed 1 year (however, it can be extended for further periods) • total length of such leave can not exceed 12 years of the official's entire career

• no limits in the cases of e.g. bringing up a child, who suffers from a serious mental or physical handicap; assistance a spouse / relative in the ascending or descending life / brother or sister in the case of medically certifies serious illness or disability

• another person may be appointed to the post occupied by the official, who is on leave on personal grounds

NON-ACTIVE STATUS

• reduction in the number of post is done by the appropirate budgetary authority under the budgetary procedure

• such person is given the appropriate allowance

• for a period of 2 years from the date of being assigned non-active status an official shall have priority for reinstatement in any post of the same grade

„an official who is called up for military service or for reserve training or is recalled to serve in the armed forces”

LEAVE FOR MILITARY SERVICE

• called up for military serivice - cease to receive the renumeration, but retain rights to advancement to higher step

PARENTAL LEAVE / FAMILY LEAVE

• parental leave for every child - up to 6 months taken during the first twelve years after the birth or adoption (it can be doubled in certain situations e.g. disability, serious

illness of a child)

• full-time or part-time

• allowance + social security scheme

• family leave - in the case of medically certified serious illness or disability of an

LEAVE IN THE INTERESTS OF THE SERVICE

• it does not constitute a disciplinary measure

• duration on leave should correspond in principle to the period until the official reaches pensionable age

• another official may be appointed to the post

• the official on the leave in the interests of the service is granted an appropriate allowance (it is also include into account for the purpose of pension scheme)

"at the earliest 5 years before the official's pensionable age, an official with at least 10 years of service may be placed (...) on leave in the interests of the service for

REPORTS, ADVANCEMENT TO THE HIGHER STEP

satisfactory (it has to be communicated to the official, who possesses right to lodge an appeal)

PROMOTION

TERMINATION OF SERVICE

RESIGNATION

COMPULSORY

RESIGNATION

RETIREMENT IN

THE INTERESTS

OF THE SERIVCE

DISSMISSAL FOR

INCOMPETENCE

REMOVAL FROM

RESIGNATION

• decision of the Appointing Authority confirming the definitive resignation (within 1 month)

• refusal if disciplinary proceedings are in progress

• resignation shall take effect no later than 1 or 3 months from the date of resignation letter (it depends on the official's grade)

COMPULSORY RESIGNATION

RETIREMENT IN THE INTERESTS OF THE SERVICE

DISSMISSAL FOR INCOMPETENCE

• 3 unsatisfactory annual reports

• no progress in professional competence • right to appeal (including call of witnesses)

REMOVAL FROM POST

RETIREMENT

• automatically - last day of the month in which official reaches the age of 66 • at his/her own request on the last day of the month, when he/she reached

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