Summary of the decision of the European Ombudsman in her strategic inquiry OI/4/2016/EA into how the European Commission treats persons with disabilities under the Joint Sickness Insurance Scheme for EU staff
Closing summary - Date Thursday | 04 October 2018
Case OI/4/2016/EA - Opened on Tuesday | 10 May 2016 - Recommendation on Monday | 16 July 2018 - Decision on Thursday | 04 April 2019 - Institution concerned European Commission (Recommendation agreed by the institution )
In 2015, a UN Committee found that the health insurance scheme for EU staff members, the Joint Sickness Insurance Scheme (JSIS), does not comply with the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The committee recommended that the JSIS be revised to offer comprehensive coverage for disability-related health needs.
After receiving complaints from staff members, who had encountered problems getting their own or their family members’ medical expenses fully reimbursed, the Ombudsman conducted a strategic inquiry. She found that the failure of the European Commission to take any effective action in response to the committee’s recommendation amounted to maladministration. She thus recommended that the Commission revise the rules governing the JSIS. She also made a number of suggestions to the Commission relating to how the needs of persons with disabilities are covered under the JSIS, as well as on the need to train staff and properly consult stakeholders to ensure the JSIS reflects the needs of persons with disabilities.
The Commission replied, stating that it will revise the rules governing the JSIS and will take action to follow up on most of the Ombudsman’s suggestions.
As the Commission has accepted her recommendation, the Ombudsman closes her strategic inquiry. Given the importance of the issue, she asks the Commission to report back within six months on the implementation of the recommendation. The Ombudsman also confirms her suggestion on the need for the Commission to review its 2004 rules on accommodating the needs of staff with disabilities.