European Ombudsman
Related documents
Press release no. 8/2002
12 March 2002
The European Ombudsman, Jacob Söderman, has refused to sign the Decision setting up the European Recruitment Office unless a provision allowing age discrimination is deleted. In a letter to the Presidents of the Commission and Parliament, Mr. Söderman says, "I cannot agree to sign any decision that does not make clear that the Office must not discriminate on the grounds, including age, that are prohibited by the Charter of Fundamental Rights of the EU".
The Ombudsman's refusal is based on Article 21 of the Charter that prohibits discrimination based on any ground such as age. The proclamation of the Charter at the Nice summit by the Presidents of the Commission, Parliament and Council gave citizens the right to expect the EU institutions and bodies to end the traditional practice of imposing age limits. This was reinforced by statements made afterwards:
"Let all citizens of the Union understand that from now on (...) the Charter will be (...) the law of the Assembly." (former Parliament President Nicole Fontaine).
"The Commission...must look to the practical implications of this historic event and make compliance with the rights contained in the Charter the touchstone for its action." (Communication to Commission staff from President Prodi and Commissioner Vitorino).
The Ombudsman's own initiative inquiry into age limits reveals an openly negative attitude towards the Charter by certain institutions. Discriminatory remarks against older people, cost, negotiations with staff unions and a Court judgement made 30 years ago have been given as reasons for continued use of age limits. The Ombudsman says that the most commonly used age limit sets a bad example to employers throughout the EU and the applicant States "that people over 45 ... can legally be discriminated against and banned from the labour market." Age limits also tend to disadvantage women who wish to begin or resume their careers after bringing up a family.
Mr. Söderman criticises the view that the Charter is not binding on EU institutions and bodies because it is a political declaration. According to the Ombudsman, "this seems to imply that European citizens should understand that even the most solemn promises made by politicians are not intended to be taken seriously."
The Ombudsman's inquiry shows that more recently-established bodies, such as the European Central Bank and Europol, do not use age limits. "Perhaps this is because they never formed part of the old-fashioned traditional administrative culture, which is proving so resistant to change," says Mr. Söderman. "These institutions seem to have well functioning administrations, with motivated staff."
The Ombudsman asks President Prodi and President Cox to delete the provision allowing the new Office to use age limits and to replace it by a requirement that the Office respect the Charter's anti-discrimination provision.
The text of the Ombudsman's letter can be found at:http://www.ombudsman.europa.eu/cases/correspondence.faces/en/3755/html.bookmark
For further information, please call Ian Harden, Head of the Legal Department, tel: +32 (0) 2 284 38 49.
