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Newsletters

STAFF MATTERS

Union Syndicale's Legal Newsletter.

Staff matters

LEGAL NEWSLETTER OF UNION SYNDICALE – BRUXELLES

Through Staff Matters, Union Syndicale will keep you regularly informed about latest developments in EU case law on staff matters and other useful legal news relevant for staff.

It will treat subjects like e.g. your rights in promotion, invalidity, entitlements and benefits, pension, the duty of care, holidays, insurance, damage claims, filing complaints and procedural questions as well as deadline observance.

This is to increase your knowledge and capacity to defend your rights appropriately.

Staff Matters N° 29

Newsletter

This newsletter presents a recent case on two subjects of high practical relevance: (1) the lack of competence of an author to decide on an act adversely affecting staff and (2) the recovery of sums unduly paid to an official.

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Staff Matters N° 28

Newsletter

This newsletter is about the important subject of invalidity, at the example of a recent judgment of the Court of Justice which confirms that the term invalidity in the context of the entitlement of staff to an invalidity allowance can only be interpreted as an incapacity to fulfil the duties within the own institution.

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Staff Matters N° 27

Newsletter

In this newsletter, we present a recent judgment of the General Court on the review of an appraisal report. An action against such a report (once final) can be filed directly, without going through the complaint procedure and without being obliged to lodge an appeal.

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Staff Matters N° 26

Newsletter

An important judgment of the Court of Justice (ECJ) on the pension rights of contract staff and on effective judicial protection. The benefits of the transitional regime for staff other than officials who had already contracts before 2004 or 2014 also apply to the many colleagues who cannot show to have worked in “functional continuity” (due to various functions on the basis of various contracts).

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Staff Matters n°25

Newsletter

The principle of impartiality is one of the central obligations of EU civil servants and at the same time a right enjoyed by every civil servant. The institutions have to comply with both manifestations of the principle: subjective and objective impartiality.

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Staff Matters n°24

Newsletter

The European Court of Justice (ECJ) ruled on the term “unauthorised absence” of an official in the sense of Art. 60 SR. As the Court decided, “absence” means physical absence. The provisions for disciplinary measures shall not be bypassed by applying the “unauthorised absence” concept in a too broad sense.

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Staff Matters n°23

Newsletter

The General Court annulled the Commission’s disciplinary sanction to terminate a contract without notice. As a matter of unity of the personal file, a disciplinary measure must not take into account those elements of the personal file that have been removed from it.

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Staff Matters n°22

Newsletter

The Court annulled the Commission’s decision to terminate a contract of indefinite duration. The annual appraisal reports, upon which the Commission had also based its decision, did not contain a specific reference to an unjustified absence of the applicant.

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Staff Matters n°21

Newsletter

A case decided by the General Court in which it annulled the decision not to promote an official. The promotion procedure was vitiated because it took into account also earlier reports relating to the probation period of the applicant, instead of being solely based on appraisal reports.

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