WRITTEN QUESTION P-1979/00

by Bart Staes (Verts/ALE) to the Commission

(7 June 2000)

Subject: Participation of Commission officials in local elections in the Belgian federation

Under Article 19(1) of the EC Treaty, EU citizens have the right to vote and stand for election in the Belgian federation.

However, the Commission has reportedly issued an internal rule making it very unattractive for Commission officials to stand as candidates. If they decide to do so they have to take three months' unpaid leave.

This action is totally at odds with the concern to integrate EU citizens, thus including Commission officials, in the social fabric of their place of residence. It also fundamentally undermines the involvement of officials in the local decision-making process.

1. Has the Commission issued an internal rule that requires its officials to take three months' unpaid leave if they stand for election to communes and/or public social welfare centre councils in the Belgian federation? If so, what is the actual wording of this internal rule?

2. Does the Commission accept that a rule of this kind conflicts with the concern to integrate EU citizens, including Commission officials, fully in the social fabric of their place of residence? If not, how are we to reconcile the requirement to take three months' unpaid leave with the concern to integrate EU citizens, including Commission officials, in the social fabric of their place of residence?

3. Does the Commission accept that a rule of this kind fundamentally undermines the involvement of officials in the local decision-making process? If so, will the Commission withdraw the rule concerned? If not, how are we to reconcile the requirement to take three months' unpaid leave with the concern to involve Commission officials fully in the local decision-making process?

Answer given by Mr Kinnock on behalf of the Commission

(13 July 2000)

The Commission has issued no internal rule of the kind mentioned by the Honourable Member.

The only relevant provisions in the Staff Regulations which are applicable to officials of all Institutions and not only the Commission are to be found in Article 15 which states that An official who is a candidate for elective public office shall apply for leave on personal grounds for a period not exceeding three months. The appointing authority shall consider the case of any official elected to such office. The appointing authority shall, having regard to the importance of the office and the duties it entails for the holder, decide whether the official should continue in active employment or should apply for leave on personal grounds. In the latter case, the duration of the leave shall be equal to the term for which the official has been elected.

These provisions mean that the Commission does allow officials to participate in public affairs at their place of residence, having taken account of issues such as whether the potential candidates for election seek to devote themselves full time to a campaign, the nature and duties of the elective office sought and, consequently, whether the officials' availability to their Institution would be unduly compromised.

In addition, when an official is elected to public office, the Commission assesses whether the work involved in discharging the elective functions will encroach on the person's professional obligations to the Institution or if these functions are likely in some way to be prejudicial to the Institution. The Commission then decides whether an official can be kept in active employment or whether it has to require them to apply for leave on personal grounds throughout the period that they hold the office. However, it should be noted that it is very rare for such a situation to arise in the case of election at local representative level.

These are the only cases relating to participation in public affairs in which officials are required to make application to take leave on personal grounds.

The Commission believes that these rules leave sufficient freedom and margin for discretion both for candidates in local elections and for their employer. The Commission consequently considers that these rules do not unreasonably impede the right of officials to be politically active, or to be candidates for election, or to be elected representatives at any level, and do not conflict with the involvement of officials in the public life and democratic processes of the Member States in which they reside.

The Commission is not, therefore, giving consideration to changing these rules.

The only action taken by the Commission in anticipation of the forthcoming local council elections in Belgium was to assist officials by sending out an Information Notice on the internal Netscape drawing attention to the fact that On 27 January 1999, Belgium adopted a law implementing Council Directive 94/80/EC of 19 December 1994 whereby non-Belgian citizens of the European Union residing in Belgium may exercise the right to vote in local elections and advising officials who fulfil the Union citizen, residence and other qualifications of their rights to register for a vote, to vote, and to stand as candidates.