We are in April and DG HR has not yet provided competition planning (provisional or otherwise). We do not think that this will change any time soon. Even if the planning was to become available now, the ongoing exclusion of certain staff categories (16 000 potentially eligible staff) from internal competitions requires action and the most recent example of this is the internal competition published at the end of the last year (COM/AD/02/21). Yes, this is the same competition we mention in our most recent article on the ‘pilot’ Junior Professionals Programme (JPP).
Despite a number of notes to DG HR, promises in the New HR Strategy and gestures such as (ostensibly) opening the JPP to more colleagues, our administration fails to address the most important issue – motivating our staff, giving them real career prospects and retaining talent. We, the staff, are the most important assets our institution has and we need to direct the Commission’s focus onto its people.
‘3. Careers – Giving staff the support, training and perspectives for their careers to thrive… Career prospects for all staff (Coordination and leadership functions for non-permanent staff, regular cross-function groups internal competitions)… Performance management… Early identification of talent.’ (New HR Strategy)
For this reason, Generation 2004 decided to support many colleagues in this battle for fairness by engaging in common legal action. We already organised a conference on this topic (2 December 2021: recording). Those that wish to request a review of the negative decision of the selection board were provided with a template.
Our further actions was discussed at a follow-up event Thursday, 7 April 2022. The purpose of this online event was to update you on our legal action and to explain how you should proceed when launching an Article 90(2) complaint. Additionally, we provided you with any further information you might need.
We have prepared a template for complaint under Article 90(2) against the negative decision of the Selection Board on eligibility.
The deadline for sending the complaint depends on the last action you took.
|Last action taken||Deadline for sending Article 90(2) complaint|
|Applied for the competition||25.04.2022|
|Requested a review of the non-eligibility decision of 25.01.2022||07.05.2022|
Our legal action consists of a 10-page complaint, based on three main pleas in law:
- Violation of Article 27(1) of the Staff Regulations
- Violation of Article 29(1) of the Staff Regulations
- Violation of the principles of equal treatment and non-discrimination
- Prohibition of discrimination on the grounds of staff category
- Prohibition of discrimination on the grounds of language
As usual, do not hesitate to contact us for any further queries.
Our teams is here to support you!