The characteristics of the European Public job

• Author: Popescu Doina
• Pages: 221-225

THE CHARACTERISTICS OF THE EUROPEAN PUBLIC JOB

PhD Lecturer Doina Popescu

Abstract: The most important European institutions are: the European Parliament, the

Council of Ministers (known as the Council of the European Union), the European Commission, the

Court of Justice, the Economical and Social Committee, the European Court of Auditors, the

European Bank of Investments and three organisms sated up under Commission and they are: the

European Publications Office, the European Centre for the Development of Vocational Training

and the European Foundation for improving life and labour conditions.

Each of these organisms has its own personnel politics, grafted on a common status to all European

civil servants. The most numerous effective belongs to the European Commission with 23

directions.

Each of the community institutions has its own personnel.

From its foundation till today, the number of the agents was in a continuous growth, registering

considerable percents.

Key words: European public job, community institutions

1.GENERAL ASPECTS REGARDING THE PUBLIC COMUNITARY JOB

In the European Community’s organisms unfolds their activity agents subjected to some special

norms, which represents the law of the European public job. The principles that shapes this law are

also found in the Public Job Status (approved in 1949 as a status of the European community

personnel) and in the regime applicable to other agents.

The organism are formed both of elements taken from the national regimes of the public job,

many with a constant value, and from the special aspects, typical only for the European public job.

An example from the first category is represented by the communication to the civil servant of the

decisions taken that regards him. In France, the rule of communicating the file was instituted

through the Law from April 22

nd

, 1905, Article 65. The article imposed several disciplinary

sanctions for the civil servants, obliging them to justify and make it public, by means of Article 18

of the Law from July 13

th

, 1983.

Also, in the labour legislation it is being impose, regarding disciplinary responsibility, the

obligation that the decision should be communicate to the employee.

Developing this rule, applicable mostly regarding the responsibility of the civil servant

(employee), Paragraph 2 of Article 25 from the Status stipulates that all the decisions taken for the

appliance of the Status should be communicated to the interested part, meaning the civil servant.

The decisions should, also, be motivated, the written form being imposed form the next reasons:

To constitute a form of probation

To ensure the judicial security, respectively the foundation on judicial reasons of some taken

measure, forestalling the arbitrary.

A compulsory character has, as we said before, the motivation, of which reasons are

imposed in the next circumstances:

It is made the de facto and de iure foundation of the decision, to the civil servant are given

justification elements of the taken decision.

It is being ensured the transparency of the authority’s action, the problem of the

transparency being one of the most debated issues in the national and community administrations.

It is being eased the jurisdictional control of the qualified authority.

It is being found here the classic principle of the labour law, according to the employer has

full powers and full rights in sanctioning. The authority given with the power of naming in a

European public job has full discretionary power to do so.

In this sense, the European Court of Justice stipulated in the decision given in the File No.

280/1980 that “it belongs to the administration the right to name the selection criteria, in the virtue