- Individual assistance with professional problems
- Assistance in lodging a complaint under Article 90 of the Staff Regulations
- Assistance with appeals to the Civil Service Tribunal
- Various legal advice
- Individual assistance with appeals to joint committees or other internal bodies (promotions, appeals, etc.)
For all your requests for individual assistance, you can contact us using the form below or via our e-mail address. Your request for assistance will be treated confidentially.
Claim under Article 90 of the Staff Regulations
U4U can help you with your complaint.
|What is the time limit for appealing against an administrative decision?||Under Article 90 of the Staff Regulations, the time limit for appealing against an express or implied administrative act or decision is three months from the date of publication of the act, the date of notification of the decision, or the date of expiry of the time limit for the administrative authority to respond. The deadline for the administrative authorities to respond is four months from the date the complaint is served.|
|Who should I send my art. 90 claim to?||To your AIPN or AHCC For the Commission: use the cover form and send the file in paper form to the attention of the HR Director General, not by name.|
Electronic copy to: firstname.lastname@example.orgFaites a copy to your U4U contact, if you wish.
|My claim has been rejected. What can I do?||If a complaint is rejected, an appeal may be lodged with the Civil Service Tribunal within three months of the date of receipt of the Appointing Authority’s decision. This is a lengthy and costly procedure, so don’t take it lightly. Consult us if you wish.|
|From what date does the 3-month time limit for lodging an appeal start to run? Is this period extended if I am on sick leave?||This time limit is a matter of public policy and is therefore binding on everyone. This period runs from the day of notification of the decision taken in response to the complaint. The response, within four months of the date of the complaint, is notified to the claimant via Ares and by e-mail, the latter being a particularly accessible means of communication, whatever the circumstances. In this respect, sick leave or annual leave have no effect, save in exceptional circumstances that only the judge could possibly recognise, on the extension of the time limits for bringing a case before the judge as set out in Article 91.3 of the Staff Regulations. Ares is the Appointing Authority’s normal procedure for notifying decisions.|
|Can I be sure that an appeal to the Civil Service Tribunal will not result in publicity that I don’t want?||Article 48 of the EUMCT’s Rules of Procedure allows a reasoned request for anonymity to be made if there are legitimate personal or professional reasons for keeping a person’s identity or certain data confidential. The Tribunal will decide whether to grant this request.|
|I have suffered damage caused by a third party because of my position as an official or other servant of the EU. How can I obtain compensation?||Article 24 of the Staff Regulations provides that the EU shall jointly and severally compensate officials and other servants of the EU, by reason of their position or duties, for damage suffered as a result of conduct of third parties or of other officials, provided that they have not been able to obtain compensation from the person responsible through national channels.|
|How can I find the GIPs that complement the statutory provisions?||Use this index, which breaks down the GIPs by article of the Articles of Association.|
|How can U4U help me make an art.90 claim?||If you are a member, we analyse your case with our team, which also includes legal experts.|
We propose solutions and, where necessary, we can also help with the drafting of various complaints (appeals, claims, letters, requests for review, etc.).
If necessary, we also offer our members the opportunity to consult one of our lawyers at our expense. This is, of course, an initial consultation at our expense.
If our members wish to take legal action with a lawyer, we have negotiated rates with lawyers whose work is recognised and appreciated. However, we do not contribute financially at the appeal stage, with the exception of certain more “collective” situations, as we have done in various cases (delegated school fees, Staff Regulations, Leave, etc.).
U4U organises legal advice in the form of:
- free consultation with a lawyer: contact us using the form above
- free initial consultation: please contact us using the form above
- preferential rate for access to a lawyer: please contact us using the form above
- public lectures on legal subjects: these are announced by e-mail and on our home page
Evaluation and Promotion
|Is my career blocked by the new status? How can I progress beyond the new status?||The 2014 Staff Regulations establish a link between responsibilities and grade, as described in the table of standard posts (Annex I to the Staff Regulations).Grades AST10 and 11: reserved for ‘Confirmed Assistants’.|
Grades AD 13 onwards: reserved for managerial functions (Head of Unit, Director, etc.) or similar functions (adviser, etc.) During the annual promotion exercise, officials may only be promoted if they occupy a post corresponding to one of the standard posts listed in Annex I, for the grade immediately above (Article 45 of the Staff Regulations). For AST 9 or AD 12 officials who do not meet this condition, career progression is only possible as part of a promotion procedure linked to a vacant post (article 29 of the Staff Regulations).
|How do the new Staff Regulations affect promotion opportunities?||Since the entry into force of the new Regulations, it is no longer possible for ASTs to reach an AST 10 or 11 step through promotion. From now on, ASTs can only be promoted to AST 9. In theory, however, it is possible to move up to an AST 10 or 11 grade by appointment. Apart from this case, the possibilities for promotion remain identical to those that existed before the regulation came into force. Consequently, an “ex-D” who does not take part in a competition will not be able to progress beyond AST 6. As regards ADs, as of 1 January 2014 grade 12 and 13 ADs who are not heads of unit or equivalent or advisers or equivalent, or who are not appointed senior experts (for a quota of around 600 posts) cannot be promoted beyond grade AD12. However, as of 1 January 2016 they can obtain two additional steps. (Section 5, Articles 30 and 31, Annex 13 of the Staff Regulations).|
|My unit manager gave me unrealistic targets at my annual performance review. Can I lodge a complaint under art. 90?||Only the final appraisal report can give rise to a pre-litigation procedure. However, you should try to reach agreement on SMART (Specific – Measurable – Acceptable – Realistic – Time-bound) objectives with your head of unit or his or her superior during your interviews. Write a note setting out your point of view as factually as possible and ask for an interview on the basis of this note. If you wish, contact U4U for advice or assistance during the interview.|
|Promotions: I’ve noticed that some heads of unit are being promoted from AD13 to AD14 in 3 years, and all the others – including deputy heads of unit with 6 years’ seniority – are excluded.||This is one of the effects of the reform. The Commission proposed and the Council (and the EP) agreed to block the careers of AD12s and 13s who are not in “management” (which does not include deputy heads of unit). As a result, it is clear that there is less competition and that AD12 and 13 heads of unit and advisers automatically have more chances of promotion. U4U has proposed two things:|
A legal appeal against this measure, which was decided without any social consultation: the legal process will take its course…
An objective and transparent definition of the “equivalents” of heads of unit and advisers, for which we hope the HR will soon give a favourable response.
|How do I prove my level in my third language? Article 45(2) of the Staff Regulations: ‘Officials shall be required to demonstrate, before their first promotion after recruitment, their ability to work in a third language …||There are several ways of demonstrating the ability to work in a third language:|
– Passing an inter-institutional language course
– Having a language certificate or diploma validated by EPSO
– Passing a language test organised by EPSO
– Pass a language test at an external language school after receiving prior authorisation from EPSO
– Pass a competition in which 3 languages were tested in the 4 skills
– Pass an additional competition (CAST selection procedures are excluded) with a language combination different from the competition by which you were initially recruited.
Useful links: Administrative information n° 11-2012 of 30/04/2012 EPSO web page on the demonstration of the third language
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