R&D “on line” is pleased to present:
The legal NEWSLETTER THE OFFICI@L , addressed to officials and other servants of the institutions of the European Union. The firm Daldewolf gladly accepted a partnership with Renouveau et Démocratie to propose to you, at first monthly, a newsletter which focuses on a current subject of the EU civil service law, on the case law of the Union Courts and on some recent news. We will also include in each number of our newsletter a practical question regarding Belgian law likely to be of interest for officials and other servants residing in Belgium.
We hope you enjoy reading these numbers of our NEWSLETTER and we are looking forward to your suggestions or comments.
The R&D team
|Focus: Transfer of pension rights of European officials and agents
Case law: Teleworking outside the place of employment and expatriation allowance
Belgian law: Adoption of a general ban on unfair terms – What impact for individuals?
|Focus: Leave on personal grounds
Case law: Non-granting of occupational disease compensation and violation of the right of access to social security benefit
Belgian law: The pre-contractual information obligation of diamond and jewellery dealers
|Focus: Freedom of expression, let’s talk about it!
Case law: Restricting the second language to three official languages in a competition notice
Fundamental rights: Whistleblowers and freedom of expression
|Focus: Some considerations on the appraisal procedure
Case law: Non-finalised appraisal report and non-renewal of the employment contract
Day-to-day in Belgium: How can you oppose a request from the bank to your employer to assign your earnings in the context of a consumer credit agreement?
|Focus: The promotion
Case law: The Court of Justice overturns the position of the General Court and finds that the conditions of eligibility for a survivor’s pension comply with the principles of equal treatment and non-discrimination
Day-to-day in Belgium: What are your rights as a consumer with regard to third parties mandated to collect a company’s debts against you?
|Focus: The role of the personal file in protecting and informing the official or other servant
Case law: Disciplinary proceedings and reasonable time
Day-to-day in Belgium: The obligation to provide electronic means of payment
|Focus: the pre-employment medical examination
Case law: The limit for appeal against a decision notified by electronic means and burden of proof
Day-to-day in Belgium: New regulation on rent indexation in Brussels in connection with the PEB certificate
|Focus: Duty of care
Case law: Termination of an employment contract at the end of sick leave
Day-to-day in Belgium: Entry into force of the Brussels IIB regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility
|Case law: The treatment of the family allowances of a divorced agent who has lost custody of his children
|Case law: Sick leave spent elsewhere than at the place of employment – need for prior authorisation; Focus: Administration’s duty to provide assistance; Day to day in Belgium: Electric bikes, scooters, hoverboards and other are exempted from compulsory insurance
|Case law: Retroactive application of a medical cover deferment; Focus: The protection of legitimate expectation in case of errors of the administration; Day to day in Belgium: Lease – new method of registration
|Case law: Conditions underlying the grant of an expatriation allowance; Focus: The notion of “harassment”; Day to day in Belgium: Belgium and Brexit
|Case law: Legality of age-based discrimination in light of the EU Charter of Fundamental Rights; Focus: The administrative and disciplinary proceedings; Day to day in Belgium: Reform of the civil status and transition to the digital area
|Case law: Right to be heard of members of the temporary staff dismissed by reason of an alleged breakdown in the relationship of trust; Focus: The rights attached to non-marital partnerships (2/2); Day to day in Belgium: New legislative framework regarding fee-paying text-messages services
|Case law: Transfer of pension rights acquired under a national pension scheme to the EU’s pension scheme; Focus: Legal cohabitation and statutory notion of non-marital partnership (1/2); Day to day in Belgium: Term of validity of interim and urgent measures prescribed in the wake of the break-up of a cohabitation
|Case law: Consideration of the previous professional experience for the purposes of classification in grade; Focus: The « GDPR for EUI’s » and the rights of access, rectification and erasure of the personal data pertaining to EU officials and agents affected by the processing; Day to day in Belgium: Reform of co-ownership in Belgian law
|Case law: Recognition of the occupational origin of the invalidity and concept of occupational disease – Case supported by R&D; Focus: Family allowances under the Staff Regulations and allowances “of like nature paid from other sources”: distinguishing criterion; Day to day in Belgium: Protection of personal data – Implementation of the GDPR in Belgium
|Case law: Contract termination and right to be heard: outline of the exception; Focus: Invalidity: important, complex and often mismanaged proceedings; Day to day in Belgium: Special residence permit and duration of legal residence required to acquire Belgian nationality
|Case law: The discretion of the Appointing Authority regarding the proceedings for a declaration of invalidity; Focus: Annual evaluation of officials: What’s new?; Day to day in Belgium: Reform of residential lease: follow up
|Case law: Does the education allowance cover the contributions paid by parents to the Belgian schools’ associations ?; In brief … : Brexit – some details regarding the status of EU officials and agents of British nationality; Day to day in Belgium: Tax on securities accounts – non-resident taxpayer are also targeted!
|Case law: A request for a retroactive payment of the expatriation allowance due by the Administration may be submitted at any time; Focus: Spouse of an EU official – guarantees varying according to marital status; Day to day in Belgium: The reform of residential lease – follow-up
|Case law: Family allowance and refusal to grant the status of “dependent child” to the official’s granddaughter; Focus: The financial liability of the European Union towards the officials and agents (2/2)
|Case law: Decision to refuse a promotion and the obligation to state the reasons; Focus: The discrimination on the grounds of gender in the EU civil service
|Case law: The freedom of expression and the duty of loyalty of officials: how to strike a balance?; Focus: The notion of «act adversely affecting the official’s interests» – some practical and recent examples.; Day to day in Belgium: Brussels capital region: the ban on using plastic bags has entered in force.
|Case law: Provisional suspension of simultaneous decision to place an official on leave in the interest of the service and on compulsory retirement; Focus: What is to be expected from the new GIP on disciplinary proceedings at the Commission?; Day to day in Belgium: Forthcoming prohibition of additional charges in case of payment by Bancontact
|Case law: Former contractual agent suspended: the Commission has to reimburse the amounts withheld; Focus: EU officials and national taxes; In brief …: Opinion of the CJUE’s Advocate General regarding the services provided by UBER
|Case law: Compensation for the non-pecuniary damage suffered as a result of the Ombudsman’s handling of a complaint; Focus: Leave on personal grounds or secondment at an official’s own request: your rights
|Case law: Stay tuned – The EU General Court will examine the legality of the recruitment procedures for temporary agents outside the selection process; Focus: Secondment, non-active status and leave in the interests of the service – your rights; In brief …: Circulation of telephone subscribers’ personal data within the EU
|Case law: The violation of the rights of the defense and of the essential procedural requirements laid down by the rules applicable to disciplinary proceedings entails the illegality of the penalty; Focus: The rights of the complainant in the assessment of the request for assistance pursuant to Article 24 of the Staff Regulations; Day to day in Belgium: New provisions on tax rebate on registration fees in the Brussels-Capital region
|Case law: Compensation paid by an official for the material losses incurred by the European Union; Focus: The application of national law to European officials: immunity from jurisdiction; In brief …: On 10 January 2017, the Commission proposed a regulation which further develops the protection of personal data processed by the EU institutions and the free movement of such data.
|Case law: Consideration by “extrapolation” of the merits of candidates for promotion and role of the ACPs; Focus: Assessment criteria for promotion and seniority requirement; Day to day in Belgium: Reduction and simplification of the Brussels general tariff for immovable property donation
|Case law: Reform of the Staff Regulations: interpretation of the obligation to consult the Staff Regulations Committee; Focus: Brexit: what impact on my career and my rights?; Day to day in Belgium: Brexit – Which tax implications ?
|In brief …: Dissolution of the amicable settlement procedure; Focus/Case law: Obligation of the Administration to state reasons in social security matters; Day to day in Belgium: Regulation on mobile phone antenna in Brussels – What are the protections?
|Focus: BREXIT’s consequences on British officials; FAQ: About (double) nationality …
|Case law: Time-limit for lodging a complaint in the absence of an administrative decision; Focus: Discretionary power and obligations of the Appointing Authority in disciplinary proceedings; In brief …: Merger of the Civil Service Tribunal of the EU
|Case law: Disciplinary proceedings – obligation to seek evidence for and against the person concerned; Focus: Annual staff report – The Reports Committee’s involvement; In brief …: Sick leave control procedure – the role of the arbitrating doctor
|Case law: Balancing the right of the Institutions to recover undue payment with their obligation to deal with the pecuniary entitlements of officials with care and diligence; Focus: Distinction between the occupational origin of an official’s disease and permanent invalidity; Day to day in Belgium: The interest of a diplomatic clause in short term lease contracts
|Case law: Infringement of the obligation to adjudicate an application for recognition of the occupational origin of a disease within a reasonable time; Focus: Brief remarks on the abolition of the EU Civil Service Tribunal as from September 2016; Day to day in Belgium: On the way to a Digital Single Market
|Case law: The setting of new objectives is a mere internal measure of services organization; Focus: Duty of care and the decision not to renew members of the contract staff; In brief …: Reform of the European Union Court of Justice Statute; Day to day in Belgium: EU officials and Belgian taxes
|Case law: Clarifications on the Appointing Authority’s duty to state reasons regarding promotion; Focus: ” The respect of dignity in the performance of duties “; Day to day in Belgium: Renting out your apartment on Airbnb: what’s going to change in Brussels ?
|Focus/Case law: The EU General Court rules on the transfer of pension rights’ issue; Day to day in Belgium: Renting out your apartment on Airbnb: the applicable rules until January 2016
|Case law: Clarifications on the right to be heard; Focus: Deontology – « The official’s independence »; In brief …: Modification of early retirement age conditions and transitional measures; Day to day in Belgium: Latest legal developments regarding UberPop
|Case law: Expatriation allowance and conditions related to the usual residence; Focus: Disciplinary proceeding and penal procedure; In brief …: New procedural rules adopted by the General Court; Day to day in Belgium: The amicable settlement of disputes in family matters
|Case law: Annual promotion exercise – seniority of service; Focus: Official on secondment; In brief …: Challenging the appraisal report and prior complaint; Day to day in Belgium: The Right of Withdrawal in the Economic Law Code (3/3)
|Case law: Breach of the reasonable time principle – compensation for the moral damage; Focus: Compensation for damages caused by a third-party or another official; In brief …: The EU official anonymity request in proceedings before the Civil Servant Tribunal; Day to day in Belgium: The Right of Withdrawal in the Economic Law Code (1/3)
|Case law: Dismissal of the official in probationary period; Focus: Action for damages – compensation for moral damages; In brief …: The freedom of speech of the official; Day to day in Belgium: Neighbourhood annoyances
|Case law: Duty of care; Focus: The compensatory remedy – Pre-litigation phase; In brief …: Right to deletion of data in the disciplinary record; Day to day in Belgium: Rent indexation
|Case law: Right to be heard by the Disciplinary Board; Focus: Personal and official medical files – functions and procedures of access; In short …: Reform of the ECJ – what future for the European Union Civil Service Tribunal; Day to day in Belgium: Obligations of the lessor and the tenant to maintenance and repair of the leased property
|Case law: Harassment and compensation for moral damage; Focus: Reform of the procedure before the Civil Service Tribunal; In short …: « Whistleblowing » Staff protection; Day to day in Belgium: Registration of the lease