WRITTEN QUESTION No. 4081/98 by Jean-Antoine GIANSILY to the Commission. Establishment of EU officials
Date: 1999-01-14
Institutions: European Parliament, GIANSILY
Subjects: European official, administrative competition, administrative sanction, competition (EU), diploma, fraud against the EU, professional qualifications

28.6.1999

EN

Official Journal of the European Communities

C 182/139

(1999/C 182/190)

WRITTEN QUESTION E-4081/98

by Jean-Antoine Giansily (UPE) to the Commission

(14 January 1999)

Subject: Establishment of EU officials

What disciplinary measures are available for use against EU officials who have become established on the basis
of false or incomplete statements about their qualifications, in violation of both EU Staff Regulations and the
law of the host country?

Is there a time limit for the application of any sanctions or disciplinary measures that may exist?

Answer given by Mr Liikanen on behalf of the Commission

(1 February 1999)

Articles 28 and 30 of the Staff Regulations provide that, with the exception of Grades A1 and A2, only a
person who has passed a competition based on qualifications or tests or both, as provided for in Annex III, and
whose name has been placed on the list of suitable candidates by the selection board can be appointed an
official.

Where a candidate has been placed on the list on the basis of false statements or falsified documents, the
selection board has the power to cancel its previous decision and drop the candidate from the list of suitable
candidates as soon as it is acquainted with this fact. The administration is obliged to refuse to appoint a
candidate who was wrongly entered on the list of suitable candidates.

It should be noted that, upon recruitment, an official must supply the administration with full particulars of his
training and qualifications for grading purposes.

An official who supplies false information will have failed to meet the obligations of integrity and respect for
the dignity of the function imposed by the Staff Regulations; he will accordingly be liable to disciplinary
measures.

Regarding the Honourable Member’s second question, the Staff Regulations provide for no limitation periods
either for disciplinary offences or for proceedings or penalties.

(1999/C 182/191)

WRITTEN QUESTION E-4093/98

by Ole Krarup (I-EDN) to the Commission

(14 January 1999)

Subject: The Danish pre-retirement system and residence requirements

Does the Commission consider that the revised Danish pre-retirement system is compatible with the principles
of EU legislation, and in particular with Article 48 of the EC Treaty, Article 7(2) of Regulation 1612/68 (1) and
the principles laid down in Regulation 1408/71 (2) on the preservation of rights after crossing borders within
the Community?

Under the new as well as the old pre-retirement rules, pre-retirement is payable only to persons resident in
Denmark. It cannot be exported to another Member State. Under both the new and the old rules on the
acquisition of pre-retirement rights, nationals of other countries cannot take their rights with them to
Denmark. The rules prevent other EU nationals moving to Denmark after they are 35 from acquiring Danish
pre-retirement rights. Danes who have settled in other EU Member States and returned after the age of 35 will,