92003E1439

WRITTEN QUESTION E-1439/03

by Gabriele Stauner (PPE-DE) to the Commission

(24 April 2003)

Subject: Reform of the disciplinary procedure

As part of the reform of the Staff Regulations, the Commission has proposed changes to the disciplinary procedure.

At present, disciplinary proceedings that have been concluded can be re-opened, at the request of the official concerned, and also on the initiative of the Appointing Authority, if there are new facts, supported by relevant evidence, that cast a different light on the official's behaviour.

Under the Commission proposal, only the official concerned will in future be able to have disciplinary proceedings re-opened.

In practice this would mean that the Appointing Authority's hands would be tied if it came upon new, incriminating evidence of misconduct by an official who previously had been cleared and not subject to any disciplinary measures.

Why has the Commission proposed this change, which would mean that, even in important cases, it would be unable to take action?

Does the Commission stand by its proposal, or will it change it?

Answer given by Mr Kinnock on behalf of the Commission

(19 June 2003)

In the version of the Commission proposal for amendment of the Staff Regulation which the Honourable Member has apparently seen, the words on its own initiative or were inadvertently omitted from the new Article 25 of Annex IX. The relevant article in the revised Staff Regulations was subsequently corrected. The text agreed with the Council consequently reflects the current Staff Regulation as follows: Where new facts supported by relevant evidence come to light, disciplinary proceedings may be re-opened by the appointing authority on its own initiative or on application by the official concerned(1).

(1) see doc 5752/03 STAT 10 FIN 31 of 6 February 2003 of the Council of the European Union.