欧盟对公务员权利保护的行政和司法救济

I. Maryniv, Andriy Kotenko
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引用次数: 0

摘要

问题设置。现代流行病的现实使欧洲联盟的所有公民都很脆弱,特别是在就业和就业纠纷方面。欧洲公务员制度框架已经存在了50多年,但直到现在还需要解决一些基本问题。透明度是当今国际社会所追求的。欧盟公务员可以使用的众多法律保护工具为同一个问题提供了完全不同的解决方案。因此,根据可持续发展原则,保持良好的实践是至关重要的。审前行政争端解决的问题正在质疑这一机制是否能够在合理的条件下公正地提供保护。一方面,欧洲法院作为一种有效的救济手段,弥补了行政维权方式的弊端;但另一方面,欧洲申诉专员研究所(European Ombudsman institute)表明,上述两种补救措施都无法为欧盟公务员提供最新的保护。这就是为什么需要对这一框架作出重大改变,包括重新考虑《欧盟工作人员条例》理事会规定的上诉程序。研究的目标是评估目前在欧盟收购框架下欧盟公务员可获得的每一种补救措施的有效性。文章的主体。本文致力于研究欧盟公仆可利用的行政和司法救济手段。对欧盟法院的案例实践进行了分析。对欧盟公务员与欧盟机构之间通过欧洲申诉专员机构解决行政纠纷的程序进行了调查。对欧盟公务员在机构内行政框架内权利保护的争议进行了分析。在分析了公务员权利保护的各种救济方式后,揭示了需要解决的几个问题。理事会《工作人员条例》规定的行政补救办法不够透明,不足以作为保护《条例》规定的工作人员权利的主要方式。由于欧洲监察员有能力进行战略性调查,欧洲监察员和欧洲联盟法院的司法实践可能成为公务员权利保护体制机制的救济。显然迫切需要尽快对《工作人员条例》规定的行政补救手段进行进一步的重述。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Administrative and judicial remedies of EU on civil servants’ rights protection
Problem setting. The modern pandemic reality makes all the citizens of the European Union vulnerable, especially in terms of employment and employment disputes. European civil service framework has been existing for more than 50 years, but until now some fundamental issues need to be tackled. Transparency is what the international community is striving for nowadays. The numerous tools for legal protection available to the EU servants offer completely different solutions to the one problem. Therefore, it is crucial to maintain the sound practice, according to the principle of sustainable development. The problems of the pre-trial administrative disputes resolution are questioning the mere ability of this mechanism to provide protection impartially and within sound terms. On the one hand, European Court of Justice stands as an effective remedy, which compensates the drawbacks of administrative way of rights protection. But on the other hand, the European Ombudsman institute shows, that both of the aforementioned remedies are not capable of giving up-to-date protection to the EU servants. That’s why substantial changes in this framework are needed, including reconsideration of the procedure of appeals prescribed under the Council of the EU Staff Regulation. Target of research is to evaluate the effectiveness of each of the remedies available to the EU servants for today in the EU acquis framework. Article’s main body. The article is devoted to the research of administrative and judicial means of remedies available to the EU servants. The analysis of the Court of Justice of the European Union case practice has been conducted. The procedure of resolution of administrative disputes between the EU servants and the EU institutions via the European Ombudsman institute has been investigated. The analysis of disputes concerning the protection of EU servants’ rights within the administrative framework within the institutions has been carried out. Conclusions. After analyzing various types of remedies on the protection of civil servants’ rights, a couple of issues to tackle has been revealed. The administrative remedies under Staff Regulations of the Council are not transparent enough to consider them sufficient for being the main way of protecting Staff rights prescribed in the Regulation. The European Ombudsman, along with judicial practice of the Court of Justice of the European Union might be the relief for the institutional mechanism of civil servants rights protection due to the strategic investigations the European Ombudsman is capable to undertake. Further recap of the administrative means of remedies available under the Staff Regulation is explicitly urgent to conduct as soon as possible.
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