CSAIO13 Dispute settlement at the ECB

1. CSAIO13Dispute settlement at the ECB 4 October 2012 Tillmann Frommhold Deputy Spokesperson

2. Agenda • Introduction • Informal dispute settlement • Administrative Review and Grievance Procedure • Going to court • Special procedures

3. Introduction • ECB since the “Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community” formally considered as a European Institution. • According to the “Treaty on the Functioning of the European Union”, Art. 245a (3) the ECB is “independent in the exercise of its powers and in the management of its finances”. • The Governing Council of the ECB is interpreting this clause in a wide sense and takes it as the legal basis for setting up ECB own’s labour and social security law. • Tendency to “reinvent the wheel”.

4. Informal dispute settlement Conditions of Employment, Art. 50: Right of the employee to be assisted by a Staff Representative in case of internal procedures linked to a dispute of an individual nature. Social Counsellor: ECB employs an external adviser as Social Counsellor providing independent and impartial counselling to all ECB staff members. One specific task of this Social Counsellor is “mediating interpersonal problems and resolving conflicts”.

5. Administrative Review and Grievance Procedure (1/4) ECB staff members have the right to ask for an administrative review (AR) and, if they remain dissatisfied with the outcome of the AR, to launch subsequently a grievance procedure (GP). No AR/GP may be initiated • in case of a decision taken by the Governing Council and any policy laid down in the ECB’s Conditions of Employment • related to the initiation of an internal administrative inquiry or of disciplinary proceedings • if special appeal procedures exist.

6. Administrative Review and Grievance Procedure (2/4) Basis: • a decision impacting the interests of the individual staff member If there is no specific decision, the staff members has the right to request such decision and a reasoned reply within two months (no reply considered as rejection of the request) Right for assistance A member of staff has the right to seek assistance of a staff representative in the course of an AR and or a GP. No suspending effect on the decision contested

7. Administrative Review and Grievance Procedure (3/4) Administrative review (AR) • Request by the staff member within 2 months from the date when the decision was communicated to the member • Addressee: the Director/Deputy Director General HR • DG/DDG HR shall notify the requestor of the AR in writing about the outcome within two months from submission of the request

8. Administrative Review and Grievance Procedure (4/4) Grievance Procedure (GP) • Request by the staff member within 2 months • following the date, when the decision taken in the AR procedure has been notified; or • once the time period foreseen for the Director/Deputy Director General HR to reply has expired • Addressee: the President of the ECB • Delivery of the grievance request together with any relevant documents • Request shall clearly state the reasons for challenging the decision and the relief sought. • President shall notify the staff member within two months from the submission of the request about the outcome

9. Going to court Preconditions for taking court action: • completion of the AR and the GP or • no reply on the GP from the President in time Deadline for filing an action: • Within two months following the previous procedure the lawsuit has to be filed with the Civil Service Tribunal (CST) of the European Court of Justice (ECJ) Appeal: • within two months following the decision of the CST to the General Court of the ECJ

10. Special procedures Internal appeal procedure: • applicable to decisions taken by the Executive Board of the ECB • rules are the same as for the Grievance Procedure Appeal challenging disciplinary measures: • depending on which level the decision has bee taken, first to the President of the ECB or, otherwise, directly to the CST of the ECJ Disagreement on the reimbursement of medical costs related to an accident or an occupational disease: • complaint procedure laid down in the insurance policy

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