WRITTEN QUESTION No. 635/96 by Cristiana MUSCARDINI to the Commission. Unorthodox early retirement measures
Date: 1996-03-15
Institutions: European Parliament, MUSCARDINI
Subjects: European official, disability insurance, early retirement, party financing, regulations for civil servants, sick leave













EUR-Lex - 91996E0635 - EN






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91996E0635

WRITTEN QUESTION No. 635/96 by Cristiana MUSCARDINI to the Commission. Unorthodox early retirement measures  


Official Journal C 322 , 28/10/1996 P. 0004 





WRITTEN QUESTION E-0635/96 by Cristiana Muscardini (NI) to the Commission (15 March 1996)Subject: Unorthodox early retirement measuresAn article which appeared in the Belgian newspaper Het Nieuwblad on 28 February 1996 claimed that a senior Commission official, arrested following the investigations into the Agusta affair involving secret financing of the Flemish Socialist Party, was now on indefinite sick leave.Can the Commission explain the reasons behind this curious and unorthodox measure?Can it also confirm whether the senior official in question has been subject to the procedure provided for in the Staff Regulations of the Community institutions with a view to ascertaining his responsibilities in the case in point and determining whether his behaviour has been in conformity with the provisions of Article 12 (Title II) of the Staff Regulations?Answer given by Mr Liikanen on behalf of the Commission (13 May 1996)The former official in question is no longer in service at the Commission, having been retired and granted an invalidity pension in accordance with the relevant procedures in the Staff Regulations of Officials of the Communities, following a meeting of the medical committee which pronounced invalidity. It should be noted that, in setting up this committee, the Commission ensured maximum objectiveness by appointing an eminent Scottish specialist who, with the doctor designated by the former official, by common agreement designated a German university professor as the third doctor necessary to complete the Invalidity Committee. Under the Staff Regulations, the opinion delivered by the said committee binds the appointing authority of the Commission which does not have any discretionary power in the matter.This former official was mentioned in the Belgian press in connection with court proceedings started by the Belgian authorities, which are still at the investigation stage. The Commission would remind the Honourable Member that the Staff Regulations provide that where an allegation of serious misconduct is made against an official for failure to carry out his official duties or for a breach of law, the appointing authority may suspend the official after initiating disciplinary proceedings. However, under the disciplinary measures, a final decision on the situation of the official can only be taken when the national courts have given a final verdict.All these provisions were applied in the case in question.The appointing authority took the decision to initiate disciplinary action against the official in question and to suspend that action as soon as it was informed of the measures taken in the criminal proceedings. The disciplinary action was indeed suspended and the situation of the official can only be settled after the court hearing the case has reached a final verdict in accordance with the last paragraph of Article 88 of the Staff Regulations.