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Decision of the European Ombudsman in the above case on how Eurojust handled an administrative complaint concerning the non-renewal of the complainant’s contract
Sprendimas
Byla 1064/2020/TM - Atidaryta Pirmadienis | 13 liepos 2020 - Sprendimas Pirmadienis | 13 liepos 2020 - Atitinkama institucija Europos Sąjungos bendradarbiavimo baudžiamosios teisės srityje agentūra ( Netinkamo administravimo faktas nenustatytas ) - Šalis Nyderlandai
Dear Mr X,
On 19 June 2020, you submitted a complaint to the European Ombudsman against Eurojust concerning its decision not to renew your contract as a temporary agent.
We appreciate your disappointment and distress caused by the non-renewal of your contract after many years of work at Eurojust. However, after a careful analysis of all the information in the complaint file, we have decided to close the inquiry with the following conclusion[1]:
Based on the information you provided, there was no maladministration by Eurojust.
Eurojust’s decision on your administrative complaint is in line with the applicable procedure and relevant case law.
You were given the possibility to express your views and concerns prior to the final decision not to renew your contract. However, while weighting your interests with the interests of the service, Eurojust decided not to renew your contract for reasons related to financial and post constraints.
Eurojust explained the upcoming changes and reorganisation of the work in the Events and Logistics Unit. It said that many services would be outsourced or reorganised for cost efficiency, this would result in considerably reducing the workload. Eurojust also explained, with reference to the relevant case law, that it has discretionary powers to allocate its resources and organise its units according to budget constraints and the interest of the service.
It is not for the Ombudsman to substitute her assessment for that of Eurojust on its internal organisation and efficient use of resources. Rather, the Ombudsman`s review seeks to ensure that the proper procedure was followed. We note that, Eurjojust handled your administrative complaint in a timely manner. Eurojust gave you the opportunity to present your views and comments and addressed all your arguments in a detailed and clear manner. We have therefore closed the case.
We understand that this may not be your desired outcome but we nevertheless hope that you will find the above explanations helpful.
Yours sincerely,
Marta Hirsch-Ziembińska
Head of Inquiries and ICT - Unit 1
Strasbourg, 13/07/2020
[1] Full information on the procedure and rights pertaining to complaints can be found at https://www.ombudsman.europa.eu/en/document/70707