Last month DG HR published several long-awaited internal competitions. If you are eligible, Generation 2004 is happy for you. However, if you are one of those that cannot apply even though you have been working for our institution for many years, do not lose your faith. We are aware of this problem and will continue fighting against this discrimination even though there are fast careers for some.
Many colleagues were already in a similar situation last year when we encouraged them to apply even if they were not ‘eligible’, for reason as wide as:
- being part of the wrong function group as AST, AST-SC (officials and TAs) and certain CAs
- previous experience in the institutions not being recognised.
We denounce such systemic discriminatory exclusion of staff. It is demotivating and it goes against the use of our internal talent, particularly in times of budgetary pressure and cuts.
Other institutions (e.g. European Parliament) allow staff from different categories to apply for internal competitions. So, why does the European Commission refuse to give its own staff the same chances?
Until this problem is solved, all colleagues can do is challenge the situation from a legal point of view; legal action seems to be the only efficient solution to fight this injustice. To do so however, colleagues not happy with being excluded should nevertheless go through the full application process – even if not technically eligible – to be able to file legal action. The reasoning for this is simple: if you did not apply, you cannot challenge being disqualified. Last year not enough (non-eligible) colleagues applied, and it did not make much sense to go ahead with a court case.
Therefore, this year we ask you again to apply for the internal competitions regardless of your eligibility. Legal actions are usually expensive, and only through a large number of plaintiffs can those costs be reduced.
What do you have to do?
- Apply for the current internal competition by Thursday 22 December at 12.00 (midday), Brussels time
- When receiving a negative reply, you must appeal against the decision within the scope of the competition appeals phase.
- Upon confirmation of your non eligibility an Article 90 complaint must be filed (at this point Generation 2004 will supply colleagues with a template)-
- If the article 90 complaint is also declined, then colleagues should join our legal action.
More details about the steps for a collective legal action may be found here.
Important note on the choice of first language
Beware that before applying you should check what your first language in Sysper is, and make sure it corresponds to the first language declared in your application for the internal competition. You could be excluded from the competition if they do not correspond. If what is declared in Sysper does not match your actual circumstances, then check out this other article we have recently published.
You can also join our internal group on internal competitions and future legal actions. More information and events on these issues will follow.