Public Office And The Civil Servant In The European Union

Author:Petru Tarchila, Viorica Cornelia Grajdeanu
Pages:89-99
SUMMARY

The civil servants of the European Union represent the people who have been appointed to work in the permanent department of an institution of the European Union, according to a written document issued by an authority invested by the respective institution with such powers. Their juridic regime understood as the sum of all the rights and obligations they have in what concerns their relationship with the European Union and its... (see full summary)

 
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PUBLIC OFFICE AND THE CIVIL SERVANT IN THE EUROPEAN UNION
Professor Petru TĂRCHILĂ1
Lecturer Viorica Cornelia GRĂJDEANU2
Abstract
The civil servants of the European Union represent the people who have been appointed to work in the
permanent department of an institution of the European Union, according to a written document issued by an authority
invested by the respective institution with such powers. Their juridic regime understood as the sum of all the rights and
obligations they have in what concerns their relationshi p with the European Union and its institutions has been
established by the European Com munity Civil Service Status adopted on February 29th, 19683, being amended several
times. Therefore, the Regulations adopted by the European Union Council of March 22nd, 2004, at the proposal of the
European Commission set forth even a new career system for the European public servants. The provisions of the status
also apply for the people appointed by the community institutions, people that have been generica lly called „agents”,
which means that institutions such as: The European Economic and Social Committee; the European Committee of the
Regions; the European Union Med iator or the European Data Protection Supervisor are assimilated, from this point of
view, into the institutions of the European Union. The state forbids any sort of discrimination whatsoever, such as the
discrimination based on sex, race, colour, social or ethnic origin, genetic characteristics, la nguage, religion, political
opinion or beliefs or any other opinion, affiliation to a natio nal minority, wealth, birth, disability, age or sexu al
orientation. Another new aspect related to the enforcement of the status is that the non-marital partnership is regarded
and treated in the same way marriage is. An extremely impo rtant significance for the activity and moral status of th e
European Union public servants is rendered to the European Code of good Administrative Behaviour. This document
was proposed by the Eurpean Mediator and was a pproved of on September 6th, 2001, by means of a resolution of the
European Parliament; it consists of a set of behaviour rules which the co mmunity institutions, the administrations as
well as the public servants have to comply with, in what concerns their relationship with the public.
Keywords: public office, civil servant, European Union, European admin istrative law.
JEL Classification: H11, K23, K33
1.Public office and holding public office in the Europen Union
1.1. Administrative positions in the Europen Union
The civil servant is the main human resource in administration4. At the European Union
level each institution decides upon the authorities entitled to exert their relative powers stipulated by
the Status when appointing public servants or agents. The public servant’s deed of appointment
must stipulate the date when such an appointment comes into force, date that cannot be prior to the
one when he got into public office. The object of any appointment or promotion of a European
public servant may only be a vacancy that corresponds to the terms stipulated by the Status. The
staff of the institution must be informed about any vacancy within the institution. If no person is
entitled to fill the position by means of transfer, appointment or promotion within the same
institution, the staff of another institution shall be notified about such vacancy and an internal
contest shall be organized.5 According to the nature and level of the public office to which they
correspond, the positions are classified into two groups:
- the group of administrative positions, hereinafter referred to as „AD”;
- the group of assistant positions, hereinafter referred to as „AST”.
1 Petru Tărchilă - Faculty of Humanities and Social Sciences, “Aurel Vlaicu” University of Arad, Romania,
petru.tarchila@gmail.com.
2 Viorica Cornelia Grăjdeanu - Faculty of Humanities and Social Sciences, “Aurel Vlaicu” University of Arad, Ro mania,
viograjdeanu@yahoo.com.
3 Regulations no. 259/1968 of Council no. CELEX31968R0259(01) - regarding the European Community Civil Service Status (JO L
56 of March 4th, 1968, p. 1).
4 Groza, A., The status of civil servants - between aspirations towards professional excellence and political interference, „Juridical
Tribune Tribuna Juridica”, vol. 8, Issue 2, June 2018, p. 502.
5 See Fuerea, A., Drept comunitar European, Actami Publishing House, Bucharest, 2015, p. 162.

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