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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° 31

Newsletter

Union Syndicale helped three US members in AST 7 to take legal action. The Court of Justice has now ruled in our favour, providing clarification for staff across all EU institutions. This newsletter presents a recent judgment by which the Court has annulled a non-promotion decision of the Council. The Council erred in law when relying on an alleged discretion to reduce the number of vacant posts (i.e. opportunities for promotion) in the promotion exercise.

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Staff Matters n° 30

Newsletter

Court annuls termination of contract. Clear establishment of the facts is required both for dismissal and in disciplinary proceedings. We look at the termination of a contract of indefinite duration. The institution is not obliged to start disciplinary proceedings instead of choosing an Art. 47 (c) (i) CEOS termination of contract. However, in the recently decided court case, the Commission was not able to clearly establish the facts underlying the claimed destruction of trust in the work relationship towards the applicant.

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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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