Alleged failure to carry out a selection procedure in a fair and proper manner

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  • Case: 0328/2011/TN
    Opened on 23 Mar 2011 - Decision on 18 Apr 2012, 18 Apr 2012
  • Institution(s) concerned: European Centre for Disease Prevention and Control
  • Field(s) of law: General, financial and institutional matters
  • Types of maladministration alleged – (i) breach of, or (ii) breach of duties relating to: Fairness [Article 11 ECGAB],Reasonable time-limit for taking decisions [Article 17 ECGAB],Notification of the decision [Article 20 ECGAB],Duty of care
  • Subject matter(s): Competition and selection procedures (including trainees)
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Author: Yotakarn Saelee
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Summary of the decision on complaint 328/2011/TN against the European Centre for Disease Prevention and Control (ECDC)

The complaint concerns a selection procedure for the recruitment of a Financial Assistant (Contract Agent) by the European Centre for Disease Prevention and Control ('ECDC'), in which the complainant participated.

In his complaint to the European Ombudsman, the complainant alleged that ECDC failed to carry out the selection procedure in a fair and proper manner.

The Ombudsman identified a number of flaws in ECDC's procedure. First, the Selection Committee wrongly decided to take no account of a relevant written test. Second, the condition that candidates had to obtain a minimum score of 70% was never communicated to candidates. The Ombudsman also found that ECDC failed properly to inform candidates of the recruitment procedure's outcome. On the basis of his findings, the Ombudsman made a proposal for a friendly solution, suggesting steps which ECDC could take in order to put things right, with respect to both the recruitment procedure at hand and future such procedures.

The Ombudsman noted and applauded ECDC's overall positive approach to his friendly solution proposal. He therefore closed the case with a finding that no further inquiries were justified. He also made suggestions for further improvement.