Europa EAEC officials – disciplinary measures – procedure before the disciplinary board – measure preparatory to the opinion of the disciplinary board – act not adversely affecting an official – opinion of the disciplinary board – separate measure adversely affecting an official 2. EAEC officials – disciplinary measures – procedure before the disciplinary board – application of the principles of the law of procedure – hearing of witnesses – inquiry in which each side can submit its case and reply to the case of the other side – participation of the official concerned (staff regulations of officials of the EAEC, annex ix, first paragraph of article 4, first paragraph of article 6) 3. EAEC officials – disciplinary measures – procedure – hearing of the official concerned by the appointing authority – delegation of powers not permissible (staff regulations of officials of the EAEC, annex ix, third paragraph of article 7) 1. The procedure followed before the disciplinary board is made up of a body of purely preparatory measures which are only capable of affecting the official concerned adversely to the extent to which they influence the opinion of the board. Complaints raised against this procedure cannot, therefore, form the subject of a separate application and must be considered in the context of the application directed against the opinion of the board. 2. Although the disciplinary board only constitutes an advisory body of the appointing authority, it is bound, in the exercise of its powers, to observe the fundamental principles of the law of procedure. In accordance with the principles of the rules of procedure, the board could not reject an application for the examination of witnesses, once this request clearly indicates the witnesses to be called, the facts on which they must be heard and the reasons which are likely to justify their examination. It is, however, for the board to assess both the relevance of the application in relation to the subject-matter of the dispute and the need to examine the witnesses named. The nature of an inquiry, in which each side can submit its case and reply to the case of the other side, ordered by the disciplinary board does not demand that the official concerned should take part in the examination of documents by the rapporteur, or in the communications made by the rapporteur to his colleagues in the course of the inquiry, but merely obliges the board to keep this official informed of the conduct of the inquiry and to enable him, in good time, to submit his observations on the information obtained. 3. In the case of disciplinary proceedings, the obligatory hearing of the official concerned by the appointing authority constitutes a peremptory legal requirement. This principle must be interpreted as imposing on the appointing authority a duty to hear the official itself. Only by observing this principle and in conditions which ensure protection of the rights of the officials concerned might the appointing authority, for reasons connected with the efficient running of its departments, entrust to one or more of its members the task of hearing the official.
Citations:
C-35/67, [1968] EUECJ C-35/67
Links:
European
Updated: 20 May 2022; Ref: scu.131864