The background to the complaint

1. The complainant, a German university student, sought to apply for a traineeship with the European Commission, commencing in October 2011. The deadline for submitting the application was 31 January 2011.

2. The Commission's Rules governing the official traineeship scheme of the European Commission (henceforth 'the Commission's Rules') stipulate that applicants need to have completed their first cycle of university studies at the time of applying for the traineeship.[1] On 6 January 2011, the complainant contacted the Commission's Traineeship Office explaining that she would obtain her Master's degree (Magister artium) in July 2011 and would thus have completed her university studies by the start date of the traineeship. She asked why applicants were required to hold a degree at the time of applying.

3. On 7 January 2011, the Commission confirmed the validity of the rule in an e-mail to the complainant. It furthermore stated that it could not make any exceptions to this rule.

4. On the same day, the complainant wrote to the Commission in order to point out that she had passed her intermediate examinations, which, in her view, were equivalent to a Bachelor's degree. She therefore asked whether an attestation from the university concerning her intermediate examinations would be acceptable. In its reply, the Commission pointed out that she needed to submit a "copy of the Bachelor degree OR an attestation from the university that proves that you have finalised your studies and that you have your Bachelor degree". The Commission stressed that it would not accept the equivalent amount of credit points, but that applicants must have completed the whole study cycle leading to a Bachelor's degree.

5. The complainant considered the policy of the Commission as discriminatory and unfair and she thus turned to the European Ombudsman.

The subject matter of the inquiry

6. The Ombudsman opened an inquiry into the following allegation and claim:

Allegation:

The requirement to have completed the first cycle of a higher education course (university education) and to have obtained a full degree or its equivalent by the closing date for submitting applications to the Commission's traineeship programme is unfair.

Claim:

The Commission should dispense with the above requirement and instead require applicants to have completed the first cycle of university education and to have obtained a full degree or its equivalent by the start date of the traineeship.

7. As regards the complainant's allegation that the relevant requirement puts students enrolled in pre-Bologna cycles of studies at a disadvantage and discriminates against them, the Ombudsman decided that this part of the complaint was inadmissible, given that the complainant had not made all appropriate administrative approaches to the Commission. As mentioned above, the complainant considers that the fact that she passed the intermediate examinations should be treated as equivalent to a Bachelor's degree. The Commission informed her that she needed to provide an attestation from her university that proves that she had obtained a Bachelor's degree. The complainant could thus have presented the certificate confirming that she passed the intermediate examinations to the Commission, together with an attestation in which her university confirms that this should be treated as equivalent to a Bachelor's degree. However, the complainant has not yet submitted any such documents to the Commission.

The inquiry

8. The present complaint was submitted on 18 January 2011. On 7 February 2011, the Ombudsman opened an inquiry and asked the Commission for an opinion.

9. The Commission submitted its opinion on 15 April 2011. This opinion was forwarded to the complainant with an invitation to submit observations by 31 May 2011.

10. The complainant did not provide any observations by the relevant deadline.

The Ombudsman's analysis and conclusions

A. Allegedly unfair requirement to have completed university education by the deadline for applications to the Commission's traineeship programme and related claim

Arguments presented to the Ombudsman

11. The complainant alleges that the Commission's policy of requiring applicants to present proof of completion of the first cycle of higher education or a full degree by the closing date for applications is unfair. She claimed that the Commission should change its policy so as to require applicants to present proof of completion of their studies by the start date of the traineeship instead.

12. In its opinion, the Commission submitted that the requirement to have obtained a university degree by the closing date for applications is the only way that allows the Traineeship Office to assess the applicant's eligibility for the traineeship programme properly. The Commission added that since it considers a graduation certificate as the only legal proof that the minimum education requirement has been achieved, it does not intend to change its policy on this matter.

The Ombudsman's assessment

13. The Ombudsman notes that the Commission has a margin of discretion when laying down the conditions of eligibility of applicants for its traineeship programme. The Commission's Rules clearly explain that candidates are only eligible if they have completed their first cycle of university studies at the time of applying for the traineeship.

14. The Ombudsman has sympathy for the complainant's argument that the Commission could decide to change its rules and accept candidates who have not completed their first cycle of university studies at the time of applying for the traineeship, but have done so by the time the traineeship starts. He notes, however, that the Commission has explained that the relevant requirement was necessary to allow its Traineeship Office to assess the eligibility of applicants for the traineeship programme properly. The Ombudsman considers that this argument is not unreasonable. It cannot be excluded that the approach suggested by the complainant could lead to problems in this context, in particular with regard to candidates who, after having been selected, fail to obtain the necessary degree. The Ombudsman therefore considers that the requirement to present proof of completion of the first cycle of higher education at the time of applying for the traineeship is a plausible condition to assess the applicant's eligibility for the traineeship.

C. Conclusion

On the basis of his inquiry into this complaint, the Ombudsman closes it with the following conclusion:

No maladministration was found in this case.

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

 

P. Nikiforos Diamandouros

Done in Strasbourg on 7 November 2011

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[1] Point 2.2.1. of the Commission's Rules provides as follows:

"University Diploma

Candidates must have completed the first cycle of a higher education course (university education) and obtained a full degree or its equivalent by the closing date for applications. For minimum national qualifications required by the legislation in the country where the diploma was obtained, see Annex I. The Commission maintains the right to change these minimum qualifications used for the official traineeships programme in line with any possible future changes in civil servants recruitment policies. Any such changes will be published on the website of the Traineeships Office1, hereafter called "the Website".