WRITTEN QUESTION E-0557/00

by Christopher Huhne (ELDR) to the Commission

(29 February 2000)

Subject: Procedures for dismissals

In view of the Commission's reply to my Written Question E-2225/99(1) that it had dismissed eleven people in the last five years, does it take the view that its procedures for dismissal are (a) comparable with those of other employers in the public and private sectors, and (b) adequate to deal with disciplinary problems? If not, how does it intend to improve them?

(1) OJ C 203 E, 18.7.2000, p. 151.

Answer given by Mr Kinnock on behalf of the Commission

(30 March 2000)

The Commission draws the attention of the Honourable Member to the fact that the disciplinary procedures set out in the Staff Regulations and which allow inter alia, for dismissal of officials, apply to all European Institutions.

The Commission is aware of the existence of a variety of different rules for disciplinary actions in Member States' civil services. In the course of preparing its consultative document on discipline and its draft Decision on administrative improvements to disciplinary procedures, both scheduled for October 2000 (see Action Plan of 1 March 2000, action 57/58), the Commission will take into account best practices in Member States and international organisations for dismissal procedures and for disciplinary procedures as a whole. Disciplinary procedures in certain professions and administrations in the private sector may also have relevance, in so far as they are comparable.

As the Commission made clear in the White Paper on Reforming the Commission(1) (see Chapter IV.5 Discipline) it is aware of the shortcomings of the current system which is too slow, has many layers of procedure and is based around a disciplinary board that varies in composition and is purely internal. Staff are not sufficiently well-informed about their obligations and the possible consequences of breaches of the

rules. The Commission will make specific proposals for changing the Staff Regulations in order to rectify these deficiencies and achieve a system which is fair, consistent, and not subject to undue delays. The proposed setting up of an inter-institutional disciplinary board and the possibility for the administration to present its case to the disciplinary board are among the changes which will require amendments to the Staff Regulations. Changes which do not require amendments to the Staff Regulations will also be introduced. As the White Paper said clear rules will be set out in a handbook together with an explanation of rights and obligations; guidelines will be developed for penalties related to the gravity of the offence; an enlarged permanent secretariat for the disciplinary board will provide greater consistency; and disciplinary decisions will be published (with names removed to protect confidentiality).

Developments such as these are sensible and necessary ways of modernising provisions in the Commission and other Institutions and dismissal will certainly be retained as a penalty where such a course is justified on the basis of objective evidence and effective procedures. The Commission is certain, however, that the Honourable Member will agree that the overall effectiveness of disciplinary systems is best measured by the degree to which they help to prevent indiscipline, rather than by the number of employees who are dismissed.

(1) COM(2000) 10 final.