Disciplinary liability of european officials

• Author: Barbu Vlad
• Position: Professor
• Pages: 70-79

DISCIPLINARY LIABILITY OF EUROPEAN OFFICIALS

Professor Barbu VLAD

1

Abstract

European public official is any per son who has been appointed in legal conditions in a permanent position

in one of the institutions of the Community by an act of the authority vested with the power of appointment. The

activity of European public servant is dominated by the idea of fidelity, executing with professionalism and

impartiality his powers and his duties. There ar e disciplinary proceedings to punish mistakes and everywhere exists

the sanction of dismissal from office, as the most severe sanction that can be taken aga inst a public ser vant, except

the penalty of withdrawal of pension rights.

Key words: European public servant, disciplinary liability, duties, preliminary investigation, misconducts, sanction

JEL Classification: K23

1. General terms of European public official

In the institutions of the European Union are working agents, who have special rules,

rules that constitute law of European public office.

2

Legal status of official in European Union was adopted by Regulation no. 723/2004 of 22

March 2004.

Therefore, European public official is any person who has been appointed in legal

conditions in a permanent position in one of the institutions of the Community by an act of the

authority vested with the power of appointment, as required by Article 96 of the Statute.

Given the obligations of civil servants in the European system, the prevailing idea is the

fidelity one, to meet with professionalism and impartiality of the powers and duties. There are

disciplinary proceedings to punish mistakes and everywhere exists the sanction of dismissal from

office, as the most severe sanction that can be taken against a public servant, except the penalty

of withdrawal of pension rights.

The research community states retain laws that incriminating common obligations of civil

servants as following:

a) fulfill the service obligation;

b) hierarchical obedience obligation;

c) the obligation of impartiality, understood as the obligation to refrain from any favoritism

or nepotism and ensuring equal treatment;

d) reserve requirement, understood as the obligation to refrain from expressing personal

opinions and particularly those of political, ideological, religious, including to refrain

from commenting in public institutions that operate public official should act with caution

and measure;

e) an obligation of discretion and professional secrecy;

f) the obligation of fidelity;

g) the obligation of residence;

h) exercise required annual medical examination;

i) the obligation of morality.

a) Fulfill function tasks

1

Barbu Vlad, „Alexandru Ioan Cuza” Police Academy, Bucharest, vlad_apr@yahoo.com

2

Verginia Vedinas, Calinoiu Constanta, European civil servant status, Edition II, Legal Universe Publishing, Bucharest, 2007, p

11.