EN Official Journal of the European Union CE 212/1

Tuesday 5 May 2009

Recommendation to the Commission in Complaint 185/2005/ELB

P6_TA(2009)0340

European Parliament resolution of 5 May 2009 on the Special Report by the European Ombudsman to the European Parliament following his Draft Recommendation to the European Commission in Complaint 185/2005/ELB (2009/2016(INI))

2010/C 212 E/01

The European Parliament,

having regard to the Special Report from the European Ombudsman to the European Parliament,

having regard to Article 195(1), second subparagraph, of the EC Treaty,

having regard to Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (1), particularly Article 3(7) thereof,

having regard to the Charter of Fundamental Rights of the European Union, particularly Article 21 thereof,

having regard to the European Code of Good Administrative Behaviour, particularly Article 5(3) thereof,

having regard to Rule 195(2), first sentence, of its Rules of Procedure,

having regard to the report of the Committee on Petitions (A6-0201/2009),

A. whereas according to the Court of Justice the principle of non-discrimination on grounds of age as enshrined in Article 21 of the Charter of Fundamental Rights of the European Union constitutes a general principle of Community law,

B. whereas a difference in treatment on grounds of age constitutes discrimination on those grounds, unless that difference in treatment is objectively justified and the means to achieve it are appropriate and necessary,

C. whereas according to the Ombudsman the Commission has failed to justify adequately its treatment of freelance auxiliary conference interpreters (ACIs) over 65 years of age, and continues to adhere to its current policy on hiring ACIs,

D. whereas the Ombudsman considers that this constitutes an instance of maladministration,

E. whereas Parliament’s responsibility as the Union’s sole elected body is to safeguard and protect the independence of the European Ombudsman in the conduct of his duties towards European citizens and to monitor the implementation of his recommendations,

1. Endorses the critical remarks of the European Ombudsman and his recommendation concerning the Commission’s policy on hiring ACIs over 65 years of age;

2. Calls on the Commission to change its current policy of imposing an effective ban on the recruitment of ACIs over 65 years of age; does not, however, consider that compensation is warranted in the circumstances of this case;

3. Notes that Parliament, after receiving a similar draft recommendation from the Ombudsman, acted immediately to change its practice as regards the hiring of ACIs over 65 years of age and interpreted the applicable rules in a manner that does not lead to discrimination;

4. Considers that changing the applicable rules and removing age discrimination from the hiring process does not place a European institution under any obligation to recruit ACIs over 65 years of age, but would, if such a change were implemented, bring the Commission’s rules into line with a general principle of European Union law; in addition, considers that, given the shortage of interpreters in specific official languages, it would enhance the institution’s ability to secure the best possible service, as has been proven in the Parliament;

5. Calls on the Commission to work together with Parliament in reviewing the rules applicable to hiring ACIs and other staff, so as to ensure that discrimination of any kind is avoided;

6. Instructs its President to forward this resolution to the Commission, the Council and the European Ombudsman.

(1) OJ L 113, 4.5.1994, p. 15.