Keywords
Summary

Keywords

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1.Officials - Rights and obligations - Trade union rights - Scope

( Staff Regulations, Art . 24a )

2.Officials - Rights and obligations - Trade union rights - Limits - Administration' s obligation to have trade union communications distributed - None

( Staff Regulations, Art . 24a )

3.Officials - Administration' s duty of assistance - Scope - Collective employment relationships - Excluded

4.Officials - Equal treatment - Facilities granted by certain institutions for the distribution of trade union communications - No legal obligation - No principle of equality in relation to other institutions

5.Officials - Rights and obligations - Trade union rights - Scope - Participation by union representatives in preparatory meetings of the Consultation Committee - Administration' s obligation to grant time off work

( Staff Regulations, Art . 24a )

Summary

1.The Community institutions, and the bodies treated as such for the application of the Staff Regulations by virtue of Article 1 thereof, must refrain from doing anything which might impede the freedom of trade union activity recognized by Article 24a .

The freedom of trade union activity thus recognized means not only that officials and servants have the right without hindrance to form associations of their own choosing but also that such associations are free to do anything lawful to protect the interests of their members as employees .

It thus follows, in the first place, that the Community institutions and bodies may not prohibit their officials and servants from joining a trade union or staff association or from participating in trade union activities, or impose any penalty whatsoever on them by reason of such membership or activities .

It also follows that the Community institutions and bodies must allow trade unions and staff associations to fulfil their proper role, inter alia by keeping officials and servants informed, representing them vis-à-vis the institutions and bodies and participating in consultations with those institutions and bodies on all matters affecting staff, and may not treat them differently without justification .

2.Although freedom to engage in trade union activity constitutes a general principle of labour law, it cannot be extended so as to require Community institutions and bodies to make their messenger services available to trade unions for the distribution to staff of the communications issued by those organizations .

Article 24a of the Staff Regulations, which recognizes freedom of trade union activity in the European civil service, adds no details regarding the grant of such facilities .

A Community institution or body has no obligation in that connection in the absence of general implementing provisions or by an agreement with a trade union or staff association to supplement Article 24a in that respect .

3.The duty to safeguard the interests of officials relates to the individual relationship between the appointing authority and the officials and servants subordinate to it; it cannot be invoked to resolve problems concerning collective relations between Community institutions and bodies and trade unions or staff associations .

4.Whilst it is true that certain Community institutions and bodies provide facilities for the distribution of trade union leaflets, albeit under differing conditions, to trade unions or staff associations and their representatives, those facilities are, in the absence of any legal obligation under the Staff Regulations, granted voluntarily in the exercise of powers relating to internal organization or by virtue of special agreements entered into between the institution or body and the representatives of its staff .

Suchmeasures adopted on the initiative of the institutions or bodies themselves cannot be relied on in support of an allegation of infringement of the principle of equal treatment directed against the institutions or bodies that refuse to grant the same facilities to trade union officials .

5.Community institutions and bodies are required to respect such trade union activities as may prove necessary in order to ensure effective participation in the consultation process provided for in the Council decision of 23 June 1981, the purpose of which is to enable the Council to take its decisions on personnel matters with full knowledge of the circumstances . Freedom of trade union activity entails the possibility of trade unions participating in such consultation and thus taking part in decision-making .

Consequently, when the Commission decides to bring together the representatives of the trade unions or staff associations in order to prepare proposals to be submitted to the Council regarding amendments to the Staff Regulations and changes in remuneration and pensions, those representatives must be granted the necessary facilities to enable them to participate in the meetings .

Trade union representatives must therefore be granted time off work for that purpose, under conditions to be laid down, unilaterally or by agreement, by the authorities of each of the Community institutions and bodies .