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
SUMMARY

Law no. 105/2012, without comprehensive claims, establishes 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 national experts on secondment normative act adopted domestically presents some new issues, innovative and, although different from those in the law, meet European... (see full summary)

 
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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
1
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

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