Dear Ms X,

On 25 September 2019, you submitted a complaint to the European Ombudsman against eu-LISA on the above subject matter. The Ombudsman has asked me to deal with your complaint and reply to you on her behalf.

Eu-LISA invited you to a written exam and an interview in Tallinn, Estonia (selection procedure eu-LISA/19/TA/AD5/7.1). You asked eu-LISA for an advance payment to cover your travel and accommodation costs, stating that you did not have the financial means to pay for the tickets and accommodation.

Eu-LISA rejected your request, arguing that under its procedures it can reimburse candidates only after the interview and upon  receipt of supporting documentation proving the expenses.   

In your complaint to the Ombudsman, you consider that because of your financial situation, eu-LISA’s rejection constituted discrimination, as it prevented you from taking part in the selection procedure.

I am sorry to inform you that after a careful analysis of your complaint, the Ombudsman finds no maladministration in this complaint.

EU institutions and agencies should seek to recruit staff on the broadest possible geographical basis from among nationals of EU Member States^[1]. While they have a margin of discretion in determining how best to do this, it is clear that part-payment of travel costs to take part in tests and interviews is one particularly important way of encouraging applications from a geographically diverse pool. Eu-LISA has recognised the importance of ensuring geographical balance among its staff and it has committed to address this point in its recruitment procedures.^[2]

EU institutions and agencies are also obliged to manage their resources in line with the principles of sound financial management.

Eu-LISA offered to reimburse your travel and accommodation expenses in line with the rules that it has adopted for that purpose. Those rules seek to encourage job applicants to travel to Tallinn for tests and interviews. At the same time, those rules seek to ensure sound financial management of eu-LISA’s resources: eu-LISA would not be able to ensure that candidates receiving an advance payment would actually travel to Tallinn to take part in the selection procedure. A number of other EU institutions and agencies apply the same policy.

Although given your specific personal circumstances, eu-LISA’s policy resulted in an unsatisfactory outcome for you, its policy reconciles the obligation to seek to recruit staff from a geographically diverse pool with sound management of financial resources.

We realise that this situation must be frustrating for you. We recognise that eu-LISA could have better explained to you the reasons underlying its reimbursement policy and have been more empathic to your personal situation.

However, for the reasons described above, eu-LISA’s decision not to pay you in advance does not constitute maladministration. The Ombudsman has therefore closed the case.^[3]

While we understand that this decision may be disappointing for you, we hope you find these explanations helpful.

Yours sincerely,

 

Tina Nilsson 

Head of Inquiries ‐ Unit 4

Strasbourg, 24/10/2019

 

 

[1] See Article 27 of the Staff Regulations of Officials and Articles 12 and 82 of the Conditions of Employment of Other Servants of the European Union: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A01962R0031-20140501. 

[2] Eu-Lisa Programming Document 2019 - 2021, p. 209 - 212, avaliable at https://www.eulisa.europa.eu/Publications/Corporate/eu-LISA%20Programming%20Document%202019-2021.pdf.

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