Dear Mr X,

You submitted a complaint to the European Ombudsman concerning how the European Commission addressed your concerns about its practice of requiring professional experience for AD 5 positions.

After careful analysis of all the information you provided with your complaint, we have decided to close the inquiry with the following conclusion:

There was no maladministration by the European Commission in requiring professional experience for AD 5 temporary agent posts.

This is so for the following reasons.

The Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union[1] (‘Staff Regulations’) do not prevent EU institutions from requiring relevant professional experience for AD 5 posts. In fact, Article 5(3)[2] of the Staff Regulations, which also applies to temporary jobs[3], sets out minimum requirements. It does not prevent EU institutions from requiring professional experience in addition to the minimum requirements this provision sets out, in particular in addition to relevant university education.[4]

While some of the information provided on the website[5] of the European Personnel Selection Office (EPSO) could be understood as referring to both permanent and temporary staff, EPSO does not say that EU institutions and bodies may not require professional experience for AD 5 posts.[6] In any event, the information EPSO provides on its website cannot alter the above rules contained in the Staff Regulations, which are legally binding.

Moreover, EU institutions enjoy wide discretion in deciding upon the modalities to recruit staff members. They also enjoy such discretion in deciding upon the criteria and requirements candidates must satisfy for the relevant post in accordance with the ‘interest of the service’.[7]

We consider that the Commission did not exceed the limits of its discretion in this case. The Commission justified the requirements for the post by ‘the interest of the service’. It said that:

1) As temporary staff members are engaged for a limited duration, the Commission cannot spend resources to prepare them for the job.

2) Temporary staff members must have the necessary expertise and experience to perform their duties effectively from the outset. Requiring previous professional experience from all candidates is a proportionate measure to achieve this aim.

While we appreciate that you do not share the Commission’s view, we consider that this explanation is reasonable. The Commission’s discretion allows it to take such approach in view of its legitimate needs and constraints.

You further disagree with the Commission’s argument that requiring two years of professional experience is not an absolute obstacle for university graduates, as they can gain such experience through part-time jobs and paid internships. You state that studying at a Czech university is a full-time activity, which is not compatible with a professional activity.

While it is unlikely that university students could gain two years of relevant professional experience in parallel to their studies, we consider the other arguments put forward by the Commission are sufficient to justify its approach as explained above.

However, as the relevant vacancy notice (reference TAXUD/COM/2023/1252) did not clearly state that paid internships or part-time work during university studies could also count as relevant professional experience, we have asked the Commission to consider including such explanations in future vacancy notices. We have further asked the Commission to consider explaining in the vacancy notices why the post requires professional experience.

Furthermore, you claim that including such requirements leads to structural discrimination of recent university graduates for whom it is not possible to gain two years of relevant professional experience.

Under EU law, the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified.[8] In our view, candidates with and without relevant professional experience are not in a comparable situation within this meaning. Even assuming that university graduates with and without relevant professional experience could be regarded as being in a comparable situation, it is our view that, for the reasons set out above, the Commission has provided an objective and reasonable explanation to justify why they might be treated differently.

Finally, the material provided with your complaint does not demonstrate that the Commission systematically denies recent university graduates a fair chance to work for it. Recent graduates may, for example, apply for a ´Bluebook traineeship´[9] or to the Junior Professionals Programme[10].

Since we found that the Commission did not act with maladministration, your claims cannot succeed.

For your information, EPSO announced on its website that it intends to publish an AD 5 selection procedure for generalist administrators in July 2025.[11]

I appreciate this may not be your desired outcome, but I hope you find these explanations helpful. Thank you for having contacted the European Ombudsman.

Yours sincerely,

Tina Nilsson
Head of the Case-handling Unit

Strasbourg, 30/05/2025

 

 

[1] Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A01962R0031-20250101&qid=1742391335069

[2] According to Article 5(3) of the Staff Regulations:

“Appointment shall require at least:

(b) in function group AD for grades 5 and 6:

(i) a level of education which corresponds to completed university studies of at least three years attested by a diploma, or

(ii) where justified in the interest of the service, professional training of an equivalent level.”

[3] Article 10(1) of the Conditions of Employment of Other Servants of the European Union.

[4] See Judgment of the General Court of 7 February 2024, Hatherly v. EU Agency for Asylum, T-40/23, point 40-42: https://curia.europa.eu/juris/document/document.jsf?text=&docid=282559&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=13041203

[5] https://eu-careers.europa.eu/en/eu-careers/staff-categories#tab-0

[6] The website says regarding permanent staff: “... An administrator career ranges from grades AD 5 to AD 16, with AD 5 being the entry-level grade for university graduates ... Selection and recruitment are also possible at higher grades AD 6 or AD 7 for specialist profiles. In this case, candidates will be expected to have several years’ relevant educational background and work experience will be required for most profiles.”

The website further says regarding temporary staff: “... For administrator positions, temporary staff can be recruited at grades ranging from entry-level grade AD 5 to AD 6 or higher. ...” (last checked on 4 April 2025)

[7] See judgment of the Court of First Instance of 16 October 1990, Gallone v. Council, T-132/89, point 27:

https://curia.europa.eu/juris/showPdf.jsf?text=&docid=102839&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=13058731,

judgment of the General Court of 7 February 2019, Duym v. Council, T-549/17, point 90:

https://curia.europa.eu/juris/document/document.jsf?text=&docid=210570&pageIndex=0&doclang=FR&mode=lst&dir=&occ=first&part=1&cid=13059100,

judgment of the Court of First Instance of 11 July 2007, Konidaris v. Commission, T-93/03, points 72-75:

https://curia.europa.eu/juris/document/document.jsf?text=&docid=62409&pageIndex=0&doclang=FR&mode=lst&dir=&occ=first&part=1&cid=13059363

[8] See, for instance, judgment of the General Court of 7 February 2024, Hatherly v. EU Agency for Asylum, T-40/23, point 63 (cited above).

[9] https://traineeships.ec.europa.eu/index_en

[10] https://traineeships.ec.europa.eu/junior-professionals-programme-jpp_en

[11] https://eu-careers.europa.eu/en/upcoming-selection-procedures