Background to the complaint

1. In 2009, the complainant was successful in a procedure organised by the European Personnel Selection Office (EPSO) for the selection of EU staff specialized in the field of nuclear inspection and nuclear engineering[1] ^. This meant that the complainant was included in the ‘reserve list’ of successful candidates from which the EU civil service can recruit permanent staff[2]. EPSO extended the validity of the reserve list several times. However, in 2017, EPSO decided not to extend its validity beyond 31 December 2017 and it informed the complainant accordingly.

2. In November 2017, the complainant applied for a position in the European Commission’s Directorate General for Migration and Home Affairs (DG HOME)[3]. According to the complainant, the Commission invited her to an interview via video conference on 15 December 2017.

3. On 4 December 2017, the complainant contacted the Commission and explained that the reserve list from which she could be recruited was about to expire. The complainant asked what would happen if she was successful in the interview but the Commission would not have time to organise her pre-recruitment medical examination[4] before 31 December 2017. The complainant stated that she had previously been informed that: “if you are in the process of being recruited but the list expires before the finalization of the recruitment process, recruitment may still proceed”.

4. On 5 December 2017, the Commission´s Directorate-General for Human Resources replied to the complainant and explained that: “The offer letter to the laureate after a successful interview must be sent [...] before the closure of the reserve list. An offer letter cannot be sent without knowing the result of the medical visit. The recruitment process is triggered by the offer letter and not by the interview” (emphasis added).

5. According to the information provided by the complainant in the context of another complaint to the Ombudsman about how the Commission handled a request for access to documents made by her[5], the interview that she had on 15 December 2017 was for another position, in the Commission’s Secretariat-General. The Commission informed the complainant on 18 December 2017 that she had not been selected for that position.

6. In January 2018, the complainant was, for the first time, contacted by the Commission regarding the position in DG HOME. The complainant was invited to an interview and a medical examination in February 2018. The Commission informed the complainant that: “As the reserve list under which you have applied has expired we could propose a temporary contract[6] [...] limited to three years.” In a subsequent e-mail about the upcoming interview, the complainant was also informed that the Commission was “still exploring all possibilities for your recruitment, including the possibility of a permanent recruitment”. The complainant attended the interview and had the medical examination the same day, but was not selected for the position.

7. Dissatisfied with the Commission’s handling of the recruitment procedure for the position in DG HOME, the complainant turned to the Ombudsman in March 2018.

The inquiry

8. The Ombudsman opened an inquiry into how the Commission handled the recruitment procedure for a position in DG HOME.

9. In the course of the inquiry, the Ombudsman received the Commission’s reply on the complaint, and, subsequently, the comments of the complainant in response to the Commission’s reply.

Arguments presented to the Ombudsman

10. The complainant contended that, because the Commission did not manage to organise a medical examination on time, she was denied the chance to be recruited as an EU civil servant, even though the validity of her reserve list had not expired when she applied for the position in DG HOME.

11. The Commission stated that the complainant was not invited to an interview in December 2017 for the position in DG HOME. Another candidate was interviewed for that position on 12 December 2017 and was offered the job. However, this candidate turned down the offer in January 2018. Consequently, the Commission decided to re-examine the applications already received, including that of the complainant. Since the complainant’s reserve list had expired in the meantime, the Commission decided to invite her for an interview for a temporary agent position for the same job profile. The complainant attended the interview and the medical examination, but was not selected since her profile did not entirely match the requirements for the position.

The Ombudsman's assessment

12. It is clear from the Ombudsman’s inquiry that there was a misunderstanding of the Commission’s procedures for filling two different positions - one in DG HOME and one in its Secretariat-General. The Commission’s statement that the complainant was not interviewed for the position in DG HOME in December 2017 is supported by the information provided by the complainant in the context of another complaint, as set out under paragraph 5 above.

13. Regarding the procedure for filling the position in DG HOME, the complainant has not put forward any argument to put in question the Commission’s description of the course of events as set out in paragraph 11 above. This shows that another candidate was initially selected for that position.

14. The complainant was ultimately not selected by the Commission for either of the two positions, one in DG HOME and one in the Secretariat-General. The inquiry into this case has not revealed anything to suggest that the Commission decided not to choose the complainant because the reserve list was about to expire (or had expired) or because it failed to organise a medical examination before the expiry of the reserve list. The Ombudsman thus finds no maladministration by the Commission.   

Conclusion

Based on the inquiry, the Ombudsman closes this case with the following conclusion:

There was no maladministration by the European Commission.

The complainant and the Commission will be informed of this decision.

 

Emily O'Reilly

European Ombudsman

Strasbourg, 14/12/2018

 

[1] EPSO/AD/127/08. See: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:C2008/071/04&from=EN

[2] The ‘reserve list’ is a database containing information on the profile, skills and availability of all the successful candidates in a particular selection procedure. Being on a reserve list is not a guarantee of recruitment. Reserve lists are normally valid for one year (or three years for specialists). The validity may be prolonged (by EPSO) according to the needs of the EU civil service. A decision will usually be taken shortly before the list expires and published on the EU Careers website: https://epso.europa.eu/home_en.

[3] Vacancy notice COM/2017/2100 Policy Officer, AD post n° 251520 - HOME B3.

[4] Pre-recruitment medical examinations are mandatory under the EU Staff Regulations. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A01962R0031-20180101

[5] Inquiry 562/2018/THH, see: https://www.ombudsman.europa.eu/en/opening-summary/en/91702

[6] EU institutions can recruit staff on a temporary basis. Temporary positions are usually available in highly specialized fields such as scientific research.