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Rules of Procedure of the European Union Civil Service Tribunal

Rules of Procedure of the European Union Civil Service Tribunal

Outline of the Community (European Union) legislation about Rules of Procedure of the European Union Civil Service Tribunal

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > The institutions bodies and agencies of the union

Rules of Procedure of the European Union Civil Service Tribunal

Document or Iniciative

Rules of Procedure of the European Union Civil Service Tribunal.

Summary

The European Union (EU) Civil Service Tribunal adopts its Rules of Procedure in agreement with the Court of Justice of the EU and after approval from the Council.

These Rules of Procedure establish the organisation and functioning of the Civil Service Tribunal. In particular, they detail the legal procedures and establish their modalities.

Competences

The Civil Service Tribunal has jurisdiction to rule at first instance on cases between the EU and its agents. For example, these cases may concern questions relating to employment or social security.

Furthermore, the Civil Service Tribunal also has jurisdiction in disputes between any organisation and its personnel, where the statutes of the organisation concerned provide for the jurisdiction of the Court of Justice of the EU. For example, this applies to disputes within Europol or the European Investment Bank.

Composition

The Civil Service Tribunal is composed of seven judges, appointed by the Council for a renewable six-year period. Judges must carry out their duties with complete impartiality and independence.

The judges elect one of their number as President of the Tribunal for a renewable three-year period. The President directs the judicial business and services of the Tribunal.

A Registrar is also appointed by the judges for a renewable six-year period. The Registrar is responsible for the Tribunal’s archives and publications. S/he is also responsible for assisting the judges and the President of the Tribunal in the performance of their functions.

Formation of the Tribunal

When hearing a case, the Tribunal sits in a chamber of three judges.

However, a case may be referred to a chamber of five judges or a full court where justified by the importance or difficulty of the questions of law raised by the case.

Conversely, a case may be referred to a single judge if the questions of law or fact raised present little difficulty, or if the case is of limited importance.

Procedure

Proceedings brought before the Civil Service Tribunal have a written part and an oral part.

During the written part, the applicant must initiate proceedings before the Tribunal by lodging an application with the Registrar. The application is then served to the opposing party which has two months to submit a defence. The application and the defence contain information on the two parties (name, address, etc.), and the arguments of fact and law relied on by each of them. Moreover, the Tribunal may decide that a second exchange of written pleadings between the applicant and defendant is required to supplement the documents.

The procedure then comprises an oral part during which the judges may question the representatives of the parties or the parties themselves. The hearings are generally public.

Furthermore, the Tribunal may decide to take measures of organisation of procedure or measures of inquiry. These measures have the common aim of ensuring that cases are prepared for hearing and procedures are carried out under the best possible conditions.

Amicable settlement of disputes

The Tribunal may, at any stage of the procedure, seek an amicable settlement of the dispute and propose a solution capable of putting an end to the dispute and adopt appropriate measures with a view to facilitating such settlement.

If the parties agree on such a solution, they sign an agreement putting an end to the proceedings before the Tribunal.

Legal aid

Proceedings before the Civil Service Tribunal are free of charge. However, the costs of lawyers authorised to practise before the Tribunal are the responsibility of the parties involved.

If a party finds it is unable to meet these costs, it may apply to receive legal aid. Applications must be accompanied by all the necessary information required to establish that the applicant is in need.

Appeals against decisions of the Civil Service Tribunal

The judgments and orders of the Civil Service Tribunal may be the subject of an appeal before the General Court (FR).

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Rules of Procedure of the European Union Civil Service Tribunal

1.11.2007

OJ L 225, 29.8.2007

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Amendment of the Rules of Procedure of the European Union Civil Service Tribunal

1.3.2009

OJ L 24, 28.1.2009

Amendment of the Rules of Procedure of the European Union Civil Service Tribunal

13.4.2010

OJ L 92, 13.4.2010

Amendment of the Rules of Procedure of the European Union Civil Service Tribunal

1.7.2011

OJ L 162, 22.6.2011

Related Acts

Council Regulation (EU, Euratom) No 904/2012 of 24 September 2012 amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice of the Communities, of the President, Members and Registrar of the Court of First Instance and of the President, Members and Registrar of the European Union Civil Service Tribunal [Official Journal L 269 of 4.10.2012].

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Towards the establishment of a European Voluntary Humanitarian Aid Corps

Towards the establishment of a European Voluntary Humanitarian Aid Corps

Outline of the Community (European Union) legislation about Towards the establishment of a European Voluntary Humanitarian Aid Corps

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Humanitarian aid

Towards the establishment of a European Voluntary Humanitarian Aid Corps

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 23 November 2010 – How to express EU citizen’s solidarity through volunteering: First reflections on a European Voluntary Humanitarian Aid Corps [COM(2010) 683 final – Not published in the Official Journal].

Summary

The Lisbon Treaty provides for the establishment of a European Voluntary Humanitarian Aid Corps (EVHAC). To this end, the Commission examines the best approaches for its establishment, in particular concerning the identification and recruitment of volunteers, their training and their deployment.

Guiding principles

The EVHAC must respect and promote the principles of:

  • solidarity with people affected by disasters and cohesion of European society;
  • humanity, neutrality, impartiality and independence, as set out in the European Consensus on Humanitarian Aid;
  • professionalism and safety, in order to meet needs in a rapid and operational manner, especially in conflict areas;
  • coordination and cooperation with existing humanitarian organisations and structures.

Establishment

The establishment of the EVHAC must take advantage of the experience gained from existing volunteering schemes. The new Corps must bring added value to the conduct of the EU’s humanitarian aid operations.

Its functioning must also meet the needs of humanitarian organisations and the conditions of operation of voluntary organisations. From this perspective, the Commission proposes in particular to:

  • develop critera for the identification of volunteers;
  • establish training programmes based on common standards and good practices, as well as on conditions in countries and specific situations;
  • establish stand-by rosters of experienced volunteers to ensure the smooth functioning of emergency operations;
  • strengthen support to back-up functions in implementing organisations;
  • improve advocacy for European citizens.

The EVHAC must receive specific financing, since its budget is not to be diverted from the core operational budget for the victims of humanitarian disasters. It must operate under increased security conditions, especially where interventions take place in areas affected by conflicts.

Finally, its scope of intervention must not be limited to emergencies but be extended to operations in the area of supporting local capacities, reconstruction and post-disaster recovery. The establishment of the EVHAC should make it possible to encourage twinning and exchanges with local organisations in third countries.

Context

The voluntary sector has evolved rapidly in the last decade. A large number of organisations offer schemes open to European citizens, including the Commission-driven European Voluntary Service (EVS) and the United Nations Volunteers Programme.

On the occasion of the European Year of Voluntary Activities, several stages are to lead to the establishment of the EVHAC. Following public consultation, the Commission intends to table a legislative proposal in 2012.