WRITTEN QUESTION P-1979/00 by Bart Staes (Verts/ALE) to the Commission. Participation of Commission officials in local elections in the Belgian federation.
Date: 2000-06-07
Institutions: European Parliament, Provisional data
Subjects: European Commission, European official, local election, regulations for civil servants, right to stand for election

C 89 E/122

Official Journal of the European Communities

EN

20.3.2001

(2001/C 89 E/133)

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(cid:146)
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(cid:146) 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(cid:146) 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(cid:146) 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 (cid:129) which are applicable to officials of all Institutions
and not only the Commission (cid:129) are to be found in Article 15 which states that (cid:145)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(cid:146).

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(cid:146) availability to their Institution would be unduly compromised.

is elected to public office, the Commission assesses whether the work
In addition, when an official
involved in discharging the elective functions will encroach on the person(cid:146)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.

20.3.2001

EN

Official Journal of the European Communities

C 89 E/123

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 (cid:145)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(cid:146) 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.

(2001/C 89 E/134)

WRITTEN QUESTION E-1981/00

by Freddy Blak (PSE) to the Council

(21 June 2000)

Subject: Rules governing working hours of professional drivers

Surveys by an international research team show that tiredness is the cause of far more traffic accidents on
Europe(cid:146)s roads than previously assumed. Tired motorists are to blame for around 100 000 road accidents
each year.

One survey shows that accidents caused by tiredness are not due primarily to long working hours but
rather to the time of day or night, the number of hours that have elapsed since getting up and the length
of time previously spent asleep. It is therefore extremely important to regulate rest periods for professional
drivers in Europe.

The driving and rest periods of professional drivers are at present regulated by a number of directives (cid:129)
and yet coverage is still patchy. The new proposal for a directive on the working hours of professional
drivers is at present held up in the Council (transport).

When will the negotiations get going again so that all professional drivers can be covered by a single
directive?

What thought is being given to ensuring that professional drivers from third countries are brought within
the scope of these provisions as rapidly as possible?

Reply

(23 October 2000)

At present all drivers engaged in transporting goods by road within the Community are subject to the
same rules as regards driving hours and rest periods, namely the common rules laid down by Regulation
(EEC) No 3820/85 (1). That Regulation permits Member States to lay down stricter rules for national
transport.

Drivers from third countries which are parties to the European Agreement concerning the Work of Crews
of Vehicles engaged in International Road Transport (AETR) are subject to similar provisions.