Aspects of legal regime applicable to the secondment national experts to the eu institutions and bodies regulated by the law no. 105/2012

• Author: Brânduca Vartolomei
• Position: Associate professor
• Pages: 315-319

ASPECTS OF LEGAL REGIME APPLICABLE TO THE SECONDMENT NATIONAL

EXPERTS TO THE EU INSTITUTIONS AND BODIES REGULATED BY THE LAW

NO. 105/2012

Associate professor Brândua VARTOLOMEI

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Abstract

Law no. 105/2012, without comprehensive cla ims, esta blishes special rules applicable to national experts

on secondment to the European Union institutions and bodies. Based on regulations adopted in the field of EU

officials and nationa l experts on secondment normative act adopted domestically presents some new issue s,

innovative and, although different from those in the law, meet Europea n requirements applicable in this matter.

Keywords: national experts, employer, detachment applicable EU rules.

JEL Classification: K23, K31

I. Within the European Union (EU) legal regime applicable to national experts is

governed primarily by the provisions of Regulation no. 734/2008 regarding the Statute of the

European Union officials.

As a result of the difficulties arise in practice, both at the national and at the European

level, regarding the conduct of the business of national experts engaged in EU Member States

under an employment relationship or under an service relationship, in the EU institutions and

bodies the Commission Decision no. 6866 was adopted on 12.11.2008 laying down rules

regarding national experts and national experts in professional training.

Under this Decision, on July 2012, Romania adopted, as an EU Member State, the Law

no. 105/2012 regarding the detachment of national experts to the EU institutions and bodies.

As shown in the explanatory memorandum accompanying the legal act, regulation of this

form of "detachment" was absolutely necessary because there is a difference between principles

established by national legislation and regulations specific to EU institutions and bodies.

In consequence, Law no. 105/2012 represents a special regulation in derogation of the

common rules contained in the Labor Code, in the Statute of public servants and in the Statue of

militaries.

However, the legislative act has no comprehensive claims representing, in fact, an

addition and a clarification of applicable EU rules.

II. Commission Decision no. 6866 from 12.11.2008 (C.2008) lying down rules on the

secondment to the Commission of national experts and national experts in professional training

sets up the legal regime applicable to this particular personnel.

In essence, it is about the following:

- conditions for a person to be seconded to the European institutions and bodies:

• come from a national government, regional or local government or from an

intergovernmental organization or to come from a university or independent research

organization whose goal is not profits for redistribution or within the public sector by

cumulative performance criteria:

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Brândua Vartolomei, Bucharest University of Economic Studies, Law Department, brandusa_vartolomei@yahoo.com