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Decision in case 55/2021/PL on how the European Labour Authority assessed the professional experience of a candidate in a staff selection procedure for programming and reporting officers

Piątek | 23 lipca 2021

The case concerned how the European Labour Authority’s (ELA) assessed the complainant’s professional experience in a selection procedure for recruiting programming and reporting officers.

The Ombudsman found nothing to suggest a manifest error in the selection committee’s assessment of the complainant’s qualifications. The Ombudsman therefore closed the inquiry with a finding of no maladministration.

Decision on how the European Commission dealt with the impact of the COVID-19 crisis on the work of researchers participating in the EU-funded Marie Skłodowska-Curie Actions (joint cases 1242/2020/SF and 1380/2020/SF)

Czwartek | 01 lipca 2021

The complaints concerned the European Commission’s decision not to extend funding for those carrying out research under the EU-funded Marie Skłodowska-Curie Action Programme (MSCA) following the impact of the COVID-19 crisis on the work of researchers. The complainants considered that the measures the Commission put in place to support MSCA researchers during the COVID-19 crisis were insufficient, as they would not enable them to continue their work.

The Ombudsman opened an inquiry into how the Commission communicated with project partners that received grants under the MSCA, and the researchers carrying out the work for those project partners, about the measures they could take to address the impact of the COVID-19 crisis on their projects.

During the inquiry, the Ombudsman shared her preliminary findings with the Commission. In particular, the inquiry showed that, overall, the Commission had taken appropriate action to communicate the measures that could be taken to support researchers according to the applicable rules. However, as no solution had been found for the complainants, she urged the Commission to explore whether additional funding could exceptionally be awarded to the complainants and researchers in similarly difficult situations.

The Commission broadly accepted the Ombudsman’s preliminary findings but reiterated that, due to legal and financial constraints, it cannot provide any exceptional funding.

The Ombudsman appreciates the difficult situation faced by many MSCA researchers due to the COVID-19 crisis. At the same time, she acknowledges the Commission’s commitment to find solutions within the applicable rules for those researchers impacted. While it is regrettable that a solution could not be found for the complainants and researchers in similar situations, the Ombudsman closed the case as further inquiries would not result in a more satisfactory outcome for the complainants. However, she made two suggestions for improvement.

Decision in case 10/2021/DDJ on how the European Personnel Selection Office (EPSO) assessed the experience of a candidate in a selection procedure for EU staff in the field of international cooperation

Wtorek | 18 maja 2021

The case concerned how the European Personnel Selection Office (EPSO) assessed the complainant’s professional experience in a selection procedure for recruiting EU civil servants in the field of international cooperation.

The Ombudsman found nothing to suggest a manifest error how the selection board assessed the complainant’s qualifications. The Ombudsman therefore closed the inquiry with a finding of no maladministration.

Decision in case 964/2020/JN on how the European Commission evaluated a tender in a public procurement procedure for the translation of a report on the judicial reform in Cyprus

Wtorek | 11 maja 2021

The case concerned the European Commission´s decision to reject a tender in a public procurement procedure for the translation of a report on the judicial reform in Cyprus. The complainant considered that the Commission had been wrong in rejecting his tender because it considered he did not meet the specifications for the required experience. In the complainant’s view, the Commission should have asked him for clarifications.

The Ombudsman found that the Commission acted reasonably, and closed the inquiry finding no maladministration. She trusts that, going forward, the Commission will ensure that unsuccessful tenderers receive an adequate explanation of the reasons why their tender has been rejected, without having to ask for clarification.

Decision in case 380/2020/VB on alleged irregularities in the selection procedure for the European prosecutor of one EU Member State

Środa | 28 kwietnia 2021

The case concerned the selection procedure for appointing a European prosecutor, part of the ‘College’ of the European Public Prosecutor’s Office (EPPO). The complainant is an unsuccessful candidate, who considered that there were irregularities in the selection procedure and the ad hoc ‘selection panel’s’ opinion to exclude his candidature for the position. In addition, the complainant did not receive a reply to concerns he raised.

In the course of the inquiry, the Ombudsman’s inquiry team took the view that there was a lack of clarity around possible review procedures and made a proposal for a solution and a suggestion for improvement to the Council of the EU. The Council rejected the proposals.

The selection procedure for the posts of European prosecutors lacks any mechanism providing for acts or omissions of the selection panel to be reviewed. There is clearly an accountability vacuum and the Council has missed an opportunity to enhance public trust in and the legitimacy of the selection procedure for these important posts. The solution proposal and suggestion for improvement would have helped address these shortcomings.

As the selection panel is not an EU body, which can be subject to an inquiry of the Ombudsman, and both the Council and Commission have refused to take responsibility for the actions of the panel, the Ombudsman considers that no further inquiries are justified and closes the case.