Introduction and rules for EU civil servants
Members of the European civil service have a number of rights and obligations governing their actions and behavior in the exercise of their professional activities. The Staff Regulations and the Code of Good Administrative Behaviour contain these rules, which detail possible conflicts of interest, the acceptance of gifts and honors, outside activities while working for the EU and employment after working for the EU.
Staff regulations
Staff Regulations shall apply to officials of the Union. Officials of the Union within the meaning of these Staff Regulations shall be persons who have been appointed, under the conditions laid down in these Staff Regulations, to a permanent post in one of the institutions of the Union by a written act of the a written act of the appointing authority of that institution. It also covers persons appointed by the bodies of the Union to which these Staff Regulations apply by virtue of Union acts.
In the application of this Statute, any discrimination based on sex, race, color, ethnic or social origin, genetic characteristics, language, religion or convictions, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
Appeals
The objective of introducing an appeal is to restore the rights. Everyone has the right to an effective remedy (article 47 of the Charter of Fundamental Rights). Any person to whom these Staff Regulations apply may submit to the appointing authority a request that it take a decision relating to him. The authority shall notify the person concerned of its reasoned decision within four months from the date on which the request was made. The purpose is to invite the appointing authority to take a decision.
Besides, any person to whom these Staff Regulations apply may submit to the appointing authority a complaint against an act adversely affecting him, either where the said authority has taken a decision or where it has failed to adopt a measure prescribed by the Staff Regulations. The complaint must be lodged within three months. The purpose is to request that the appointing authority cancel or reform a decision. It can be a general decision (published) or an individual measure (notified).
The authority shall notify the person concerned of its reasoned decision within four months. If at the end of that period no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it, against which an appeal may be lodged.
The Court of Justice of the European Communities shall have jurisdiction in any dispute between the Communities and any person to whom these Staff Regulations apply regarding the legality of an act adversely affecting such person (Judicial appeal seeking the annulment of an implicit or explicit decision). The objective is to obtain from the judge the annulment of a decision by challenging its legal grounds.
Action for annulment
An action for annulment is one of the actions that may be brought before the Court of Justice of the European Union. By means of this action, the applicant seeks the annulment of an act adopted by an institution, body, office or agency of the European Union. Article 270 of the TFEU, provides: “The Court of Justice of the European Union shall have jurisdiction in any dispute between the Union and its servants within the limits and under the conditions laid down in the Staff Regulations of Officials of the Union and the Conditions of Employment of Other Servants of the Union”.
An action for annulment is a judicial procedure before the Court of Justice of the European Union (CJEU). This type of action enables the Commission to review the legality of acts adopted by the European institutions, bodies, offices and agencies. The Court thus pronounces the annulment of the act concerned if it is considered contrary to European Union (EU) law.
The action for annulment may be brought by the European institutions or by individuals under certain conditions.
Complainants
Article 263 of the TFEU distinguishes several categories of claimants. First, it considers privileged claimants. These are the Member States, the Commission, the European Parliament and the Council. These claimants are called privileged claimants since they can bring an action before the CJEU without having to prove an interest in bringing the action.
Private individuals may also bring an action before the CJEU. They constitute the category of non-privileged claimants. Unlike privileged claimants, private individuals must demonstrate an interest in bringing an action for annulment of a European act. Thus, the contested act must be addressed to the plaintiff or be of direct and individual concern to him.
Annulment of the act
If the appeal is well founded, the CJEU may annul the entire act or only certain provisions. The annulled act or provisions then cease to have legal effect. In addition, the institution, body, office or agency which adopted the annulled act must correct the legal vacuum in accordance with the judgment of the CJEU.
Navas&Cusí Lawyers has a team of experts in European Union Law, providing specialized legal advice on the interpretation and application of these rules at the national level. Stay up-to-date with the latest news in European Union Law.