The draft “staff” regulations are not entirely consistent…

The European Parliament may not really appreciate the opinion of the Court of Auditors on the draft staff regulations for the European diplomatic service. Delivered at the end of September, the Court made a series of recommendations to the High Representative. It considers, in particular, that four provisions of the future regulation are not really compliant (including the one allowing the recruitment of staff from the European Parliament) and that another deserves clarification...

Two principles seem to have guided the judges: on the one hand, the text of the decision to leave which sets the framework of the service and, on the other hand, the principle of equal treatment, a constitutional principle at European level but which is so important operationally. Create a new service, homogeneous, endowed with an adequate esprit de corps " is a " significant challenge specifies the Court, which indicates that a prerequisite for success will be that the staff of the various components of the EEAS benefit from "equal treatment (with) the same rights and obligations, whether they are officials of the Union or temporary agents from the diplomatic services of the Member States ».

No recruitment possible outside the "three sources"

This provision allows the High Representative " from July 1, 2013 at the latest », to examine applications not only from officials of the Council, the Commission and the EEAS or members of the staff of the national diplomatic services, but also from officials of the other institutions (new Article 98 of the Staff Regulations). A provision intended essentially to reconcile the good graces of the European Parliament and allow it some of its officials to incorporate the diplomatic service. The Court considers that this provision does not comply with the provisions of Article 27(3) TEU, according to which the EEAS is composed of officials from the competent services of the General Secretariat of the Council and of the Commission as well as staff seconded from the national diplomatic services”. It is clear and without nuance. And that is likely to make grumble in some parliamentary "cottages".

Enter the recruitment priority for national diplomats

The Court also considers that the priority granted to candidates from the national diplomatic services of the Member States, is not sufficiently guaranteed. Do not mention it in the text of the statute or RAA " is not in line with the purpose of the proposal "she believes, therefore recommending to incorporate" all the provisions " in the body of the text of the amended statutes and CEOS or in their annexes, this " for the sake of clarity and legal certainty ».

Be more specific about the appointment of heads of delegation

It is normally the High Representative who exercises the powers conferred on the Appointing Authority (AIPN in "Schuman" jargon). But a specific procedure is reserved for ambassadors / heads of delegation, who will still have to carry out certain missions under the orders of the Commission. Also appointments are exercised on the basis of a list of candidates approved by the Commission within the framework of the powers conferred on it by the Treaties (new Article 95 of the Statute). The Court finds this concept rather vague. " For the sake of clarity ", she recommends specifying " clearly to which powers conferred on the Commission are referred to in this context » and to indicate « who will be called upon to draw up the list of candidates proposed to the Commission for approval ».

Retirement: 67 or 65

The fact that national diplomats - who will have the status of temporary agents - can remain in service until the age of 67 (new article 50 quater §3 of the Regulation applicable to other RAA agents) but not the others does not East " does not comply with the principle of equal treatment of all employees of the same category ". (65 years old normally for the rest of the European civil service).

No double posting

Likewise, the Court opposes double postings. A provision allowing the diplomatic service to second to another service personnel already seconded from national diplomatic services (new article 50 quater §1). " The Court does not see the point of such a provision, which would be contrary to the proper functioning of the EEAS and which could lead to complex procedures lacking transparency »

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