Legal Service

R&D has always made available to its members and future members free legal advice provided by our lawyers.

In addition to this personal assistance, the R&D Legal Service participates in conferences on staff matters and defends the cases supported by R&D before the General Court and the Court of Justice of the European Union.

During the last 3 years, we have been able to deliver nearly 1,200 individual legal consultations:

  • Legal assistance and representation in the pre-litigation procedures (requests for assistance, complaints, meetings of the inter-service group) and litigation (appeal to the General Court of the European Union);
  • Nature of the cases handled: assistance on any question concerning the career and/or the administrative life of the agent
    • competitions and selection procedures: requests for reconsideration of the jury’s decisions (conditions of admission deemed unfilled, results of talent screener, etc.), recourse to the courts;appointment and recruitment: classification in grade or function group (recognition of diplomas, recognition of professional experience), incidents during the probationary period (accompaniment before the reporting committee);
    • ethical and disciplinary: IDOC investigations, assistance to the appointing authority and the Disciplinary Board (unauthorized external activities, fraud, harassment, conflicts of interest, etc.);
    • appraisal and promotion: appeal to the appeal assessor in case of unsatisfactory reports, complaints and appeals to the Tribunal regarding the appraisal and / or the promotion;
    • remuneration: examination of your entitlement to the various allowances (daily, installation, expatriation, foreign residence, etc.) and to family allowances (household allowances, school allowances, etc.), complaints and appeals if necessary;
    • social security: questions relating to the methods for calculating the retirement / survivors’ pension, appeals against the decisions of transfer of pension rights, setting disability, recognition of the occupational origin of the illness / disability;
    • temporary and contractual agents: specific problems for agents under contract (succession of contracts, non-renewal, dismissal, payment of the severance grant, etc.);
    • delegations: special issues related to posting in a third country (eg. living allowance, travel time, annual leave, etc.).

  • Contentious proceedings supported by Renouveau & Démocratie:
    • reform of the Staff Regulations in 2014: collective appeals against the elimination of travel time and reimbursement of annual travel costs – still in progress -; collective actions against the reduction in the number of days of annual leave of staff serving in third countries – still in progress;
    • leave and retirement in the interest of the service: Article 42c of the Staff Regulations, defence of a colleague illegally retired by the institution ex officio – execution of the decision suspended after interim review, substantive examination always in progress.
  • Organized conferences:
    • Pensions: comments on recent decisions of the Court of Justice on transfer of pension rights, application of the minimum subsistence rule, related pension issues in the event of successions / interruptions of contracts;
    • Mediation: discussions around the mediation service, proposals to improve channels of pre-litigation claims involving Commission’s Ombudsman.