# CE2004065EN.01007801.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/78 |
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13.3.2004

EN

Official Journal of the European Union

CE 65/78

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(2004/C 65 E/087)

WRITTEN QUESTION E-1405/03

by Herbert Bösch (PSE) to the Commission

(23 April 2003)

Subject:   The Commission's staff policy

Subject:

About two years ago the Commission Representation in Vienna attracted attention as a result of its employment methods. People were appointed on the basis of employment contracts, without the knowledge of the Commission, to fill a number of different posts. When the Commission carried out checks these employees had to ‘keep out of the way’ (they were instructed not to come to the representation on these days, but to continue their work at home). Since then the Commission has already been convicted in one case by the Austrian Employment and Social Court, and OLAF investigations are pending.

Recently the former head of the Commission's Vienna Representation, Hatto Käfer, began working as press officer of the Court of Justice of the European Communities, having been promoted from an A5 to an A3 post in the process. It was Mr Käfer who on the occasion of Commission checks issued written instructions to all holders of employment contracts to stay at home and carry on working there and not to be seen at the Commission Representation.

Alberto Hasson, who was responsible at that time for the representations in the Member States, is now director ad interim of the entire administration of the Press DG, and is to be appointed as its permanent director shortly. Mr Hasson was one of the people with most responsibility for the Vienna representation and it was due to him that, among other things, the head of its staff representation being dismissed without notice.

Is it the Commission's practice to promote officials who are currently under legal investigation?

If so, in what other cases has the Commission acted in this way?

If not, what measures does the Commission take in such cases?

Answer given by Mr Prodi on behalf of the Commission

(15 July 2003)

(15 July 2003)

The question makes certain allegations about Commission officials referred to by name. This is an attack on their reputation and breaches the right enjoyed by every individual to be considered innocent until proven guilty. It could also harm the administrative and legal situation of the officials concerned.

The Commission wishes to correct the following points in the statements made by the Honourable Member:

| — | the recruitment procedure for filling the post of director in the Directorate-General (DG) PRESS is under way; |
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the recruitment procedure for filling the post of director in the Directorate-General (DG) PRESS is under way;

| — | the second official referred to in the question was responsible for personnel and administration in DG PRESS (Headquarters and Representations), and not specifically for the Commission Representations in the Member States; |
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the second official referred to in the question was responsible for personnel and administration in DG PRESS (Headquarters and Representations), and not specifically for the Commission Representations in the Member States;

| — | the decision to dismiss a member of the local staff without notice was taken by the authority empowered to conclude contracts of employment in full compliance with the relevant rules. The local staff member concerned did not have the status of ‘head of its staff representation’ (Betriebsrätin) as claimed; |
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the decision to dismiss a member of the local staff without notice was taken by the authority empowered to conclude contracts of employment in full compliance with the relevant rules. The local staff member concerned did not have the status of ‘head of its staff representation’ (Betriebsrätin) as claimed;

| — | regarding the former deputy head of the Commission's Representation in Austria, the Commission would point out that it is not appropriate for it to say anything concerning an appointment made by another institution. |
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regarding the former deputy head of the Commission's Representation in Austria, the Commission would point out that it is not appropriate for it to say anything concerning an appointment made by another institution.

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