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Decision of the European Ombudsman in the case 11/2021/VB on how the European Commission assessed a candidate’s eligibility to participate in its traineeship programme

Dear Mr X,

On 24 December 2020, you submitted a complaint to the European Ombudsman against the European Commission concerning its decision to reject your traineeship application.

The Commission rejected your application because the supporting documents that you had provided were insufficient to prove your knowledge of languages[1] and because you had worked in European institutions for more than six weeks[2].

You consider that the Commission’s decision is wrong. You argue that you provided documents to support the language level that you had declared in your application and that you have not worked in European institutions.

You also argue that the Commission found that you were eligible in the previous traineeship selection procedure, for which you had provided the same supporting documents.

After a careful analysis of all the information submitted to us, we[3] have decided to close the inquiry with the following conclusion[4]:

There was no maladministration in how the European Commission assessed the complainant’s eligibility.

The Commission has clarified that it made a mistake when it considered that you had more than six weeks of work experience in European institutions and it has apologised for its mistake. The Ombudsman considers that this aspect of your complaint has therefore been settled.

The Commission also said that the university transcripts that you provided are not sufficient to prove the level of knowledge of Spanish that you had declared in your application (C1). The Commission also said that you did not provide any document to support your knowledge of Swedish.

The rules governing the official traineeship scheme of the Commission say, under the eligibility section: “Knowledge of the languages declared on the application form, other than the mother tongues, should be supported by the appropriate justification (i.e. diplomas, certificates, proof of having studied in the language in question, etc.)” [emphasis added].[5] In addition, the application form sets out the following: “Please ensure that you have written documented proof of declared proficiency level, failing which you run the risk of exclusion during eligibility checks.

The Commission’s traineeship website explains that, to prove a very good knowledge of a language, the applicant has to provide “language certificates with attainment showing level C, university diplomas/transcripts obtained in the languages in question, proof of bilingual education at secondary level”.[6]

The university transcript that you provided proves that you took two exams in “Spanish Language” (without indicating the level), but this is not the same as having obtained a diploma or a transcript in Spanish.

In your application, you declared to have acquired your knowledge of Swedish during your stay in Sweden as an exchange student. However, the Commission’s traineeships website clearly says that having lived in a country is not sufficient to prove language knowledge[7].

For the above reasons, we consider that the Commission’s decision to reject your application as ineligible is correct.

It is regrettable that, in the context of the previous traineeship selection procedure, your application was considered eligible on the basis of the same supporting documents. This appears to have been a mistake. We do appreciate that, because of this, you might have expected these documents to be sufficient to support your language knowledge. With a view to avoiding similar situations in the future, we will point out to the Commission the importance of ensuring correct and consistent application of the eligibility criteria.

Yours sincerely,

 

Tina Nilsson

Head of the Case-handling Unit

Strasbourg, 03/02/2021

 

[1] Rules governing the official traineeships scheme of the European Commission, point 2.2.2, https://ec.europa.eu/stages/sites/default/files/rules_en.pdf.

[2] Rules governing the official traineeships scheme of the European Commission, point 2.3.

[3] This complaint has been dealt with under delegated case handling, in accordance with Article 11 of the Decision of the European Ombudsman adopting Implementing Provisions

[4] Full information on the procedure and rights pertaining to complaints can be found at https://www.ombudsman.europa.eu/en/document/70707

[5] Rules governing the official traineeships scheme of the European Commission, point 2.2.2.

[6] European Commission, Traineeship, FAQ, under questions “How can I prove a ‘very good knowledge’ of a language”, https://ec.europa.eu/stages/faq/how-can-i-prove-very-good-knowledge-language_en.

[7] European Commission, Traineeship, FAQ, under question “Is living in a country sufficient to prove language knowledge?”, https://ec.europa.eu/stages/faq_en.