(Made in accordance with Article 3 (6) of the Statute of the Ombudsman.(1))

THE COMPLAINT

On 10 September 1999, the complainant made a complaint to the European Ombudsman about age limits in the Community recruitment procedures.
The background to the complaint was that the complainant had sent her application for Open Competition Council/C/387 organised in order to recruit Swedish speaking secretaries at the Council of the European Union. However, her application was excluded from the selection procedure due to the fact that she did not fulfil the age limit criteria.
In her complaint to the Ombudsman, the complainant alleged that the use of age limits in the Community recruitment procedures is highly discriminatory and she claimed that the current system should be changed.
The Ombudsman noted that the complainant's allegation concerned the use of age limits in the Community recruitment procedures, an issue that was raised in the European Ombudsman's former own initiative inquiry 626/97/BB into the use of age limits for recruitment. This own initiative inquiry was directed towards the European Commission. During this inquiry both the Commission and the Parliament decided to raise the age limits to 45 years. In its opinion of 2 March 1998 the Commission informed the Ombudsman that on 21 January 1998 it had decided on a policy principle to abolish age limits in its recruitment policy. Furthermore, it had decided to put this decision into practice with other institutions by reaching a common inter-institutional agreement. In his letter of 4 November 1998 closing the inquiry, the Ombudsman kindly requested that the Commission keep him informed about any action undertaken in order to reach a common inter-institutional agreement to abolish age limits. The Commission has not informed the Ombudsman of any action undertaken.
In order to investigate whether the Commission has undertaken any action to raise the issue of age limits in recruitment with the other Community institutions, the Ombudsman decided in this particular case to direct his inquiry towards the European Commission.
Following the entry into force of the Treaty of Amsterdam, Article 13 of the Treaty establishing the European Community provides that:

"Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation."

THE INQUIRY

In view of the background set out above, the Ombudsman inquired from the European Commission whether it had taken any concrete measures to organise an inter-institutional meeting with the other institutions in order to consider a common inter-institutional agreement to abolish age limits as expressed in its opinion to the Ombudsman in the own initiative inquiry 626/97/BB.
The Commission's opinion
The Heads of Administration have discussed the issue of age limits in the past but failed to agree on a common position. Now that the Treaty of Amsterdam has come into effect, and a new Commission has been installed, the Commission intends to raise the matter again with the other institutions in order to obtain a common inter-institutional agreement to abolish age limits for the recruitment procedures. As the Commission has said, it will keep the Ombudsman informed of any progress.
The complainant's observations
In her observations the complainant maintained her complaint. Furthermore, she asked, when the European Commission was going to take up the issue with the other institutions of the European Union.

THE DECISION

1 Age limits in the recruitment procedures
1.1 The complainant claimed that the use of age limits is highly discriminatory and that the current system should be changed. Furthermore, in her observations the complainant inquired when the European Commission was going to take up the issue with the other institutions of the European Union.
1.2 In its opinion, the Commission stated that now that the Treaty of Amsterdam has come into force, and a new Commission has been installed, it intends to raise the matter again with the other institutions in order to reach a common inter-institutional agreement to abolish age limits for the recruitment procedures. The Commission promised to keep the Ombudsman informed of any progress.
1.3 The Ombudsman notes that Article 13 of the Treaty establishing the European Community as modified by the Treaty of Amsterdam provides the Community with specific powers to combat discrimination. The fight against discrimination constitutes a major challenge for the European Union. Given that equal treatment is a fundamental principle, any difference in treatment which is based explicitly on one of the grounds specified in Article 13 of the EC Treaty, should normally be regarded as discriminatory.
1.4 The Ombudsman notes that, in its White Paper on reform, the Commission has stated that it intends to abolish the existing age limit for recruitment by competition. The intention to abolish age limits has also been announced in the media.(2)
1.5 On 2 March 1998, in its opinion to the Ombudsman in own initiative inquiry 626/97/BB, the Commission stated its intention in principle to abolish age limits in its recruitment policy and gave an undertaking to organise an inter-institutional meeting for this purpose. More than two years have passed since this undertaking was made. However, the Commission has not yet informed the Ombudsman of any concrete measures taken to respect this undertaking.
1.6 The Ombudsman provisionally concludes, therefore, that the fact that the European Commission has not respected its public undertaking to organise a common inter-institutional meeting in order to consider a common inter-institutional agreement to abolish age limits could be an instance of maladministration.
2 Conclusion
In view of the above, and in accordance with Article 3 (6) of the Statute of the European Ombudsman, the Ombudsman makes the following draft recommendation to the Commission:

The Commission should organise an inter-institutional meeting in order to consider a common inter-institutional agreement to abolish age limits as expressed in its opinion to the Ombudsman on 2 March 1998.

The Commission will be informed of this draft recommendation. In accordance with Article 3 (6) of the Statute of the Ombudsman, the Commission shall send a detailed opinion by 31 October 2000. The detailed opinion could consist of acceptance of the Ombudsman's decision and a description of the measures taken to implement the recommendation.
This draft recommendation will also be sent for information to the President of the European Parliament, the Secretary General of the Council of the European Union, the President of the Court of Justice of the European Communities and the President of the Court of Auditors of the European Communities.
Yours sincerely,
Jacob Söderman

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(1) Decision 94/262 of 9 March 1994 of the European Parliament on the Regulations and General Conditions Governing the Performance of the Ombudsman's Duties, OJ 1994 L 113/15.

(2) European Voice, Volume 6, number 9, 2-8 March 2000, p. 2.