On 19 February 2002 the Commission adopted the decision C(2002)540 on the conduct of administrative inquiries and disciplinary proceedings. This decision is the result of thorough negotiations between the administration, trade unions and staff associations.
The Decision reforms administrative inquiries and disciplinary proceedings with a view to maintaining a high level of integrity and standards in the European public service. To this end, effective procedures must be put in place to detect, investigate and punish conduct by officials incompatible with what is expected of them.
The Decision covers of the following main points:
- An official subject to an administrative inquiry has a right of defence, allowing him to be informed of the opening of an inquiry and to be heard at each stage of the proceedings. In particular, at the end of the inquiry and before any report of it is finalised, the investigated official has the right to comment on its conclusions. These rights can be deferred only in cases where absolute secrecy is required, but they cannot be suppressed. Before disciplinary proceedings can begin, officials must be informed through a report detailing the allegations against them and they must be allowed to explain themselves at a formal hearing. Officials are entitled to a copy of all documents directly relating to them.
- As regards prevention and transparency, the Commission plans to publish a handbook for officials setting out their rights and obligations. The outcome of disciplinary proceedings will also be published, with due regard to the rules on protecting personal data.
- An Investigation and Disciplinary Office has been set up within the Directorate-General for Personnel and Administration. The head of the Office and its members exercise their powers of inquiry independently. The Office's particular tasks are to carry out administrative inquiries, to prepare disciplinary proceedings and to take preventive measures.
- Written rules of procedure on the conduct of administrative inquiries have been introduced which basically set down current administrative practice. Under these rules it is for the Director-General of Personnel and Administration, with the Secretary-General's agreement, to open an administrative inquiry. This decision is taken after consulting OLAF. The inquiry results in an IDOC report to the Appointing Authority evaluating the official's conduct in the light of the facts and from a legal standpoint and proposing the measures to take.
- To preserve its independence, the Chairman of the Disciplinary Board cannot be a serving official. The Chairman must therefore be an official on special leave, a former official or a former member of a European Institution. In order to reinforce the continuity of the work of the Board, the Chairman must be appointable for up to five years.
(you can read the decision at http://www.cc.cec/home/admref/fr/ressources_discipline.html)
|
Sommaire
