Discipline shake-up sparks union anger

Date: 15/06/2000

By Simon Taylor

EUROPEAN Commission Vice-President Neil Kinnock faces a fierce backlash from the staff unions if he presses ahead with plans to bring in independent legal experts to help the institution decide how to punish officials who break the rules.

Kinnock wants to change the current disciplinary system to give outsiders a seat on the internal board which decides what penalties to impose on staff found guilty of wrong-doing.

This would address one of the key criticisms in the committee of wise men's report into alleged fraud and mismanagement in the Commission which brought down Jacques Santer's team last year. It argued that internal disciplinary proceedings were started too late and were too slow, and that disciplinary boards often proposed penalties which were too lenient and which the Commission was reluctant to increase.

Under the current system, officials accused of breaking the rules appear before a disciplinary board which is chaired by the Commission's secretary-general but includes two union representatives. The board then presents a recommendation for action to the head of the administration directorate-general, or the official's director-general if suspension is recommended.

Reforming the system to answer the committee of wise men's criticisms is seen by Kinnock as a key element of his reform package. His aides say the move is aimed at "boosting the professionalism of the board" by appointing someone with a "sound legal background" who can advise the panel and ensure its decisions are consistent.

But the staff unions have already declared their opposition to the move. "The current rules are already quite draconian, including the option of sacking officials without a pension, so it is not the rules that are deficient - it is how they are applied," said one union representative.

In a letter to Horst Reichenbach, head of the Commission's administration directorate, Renouveau et Démocratie (RR&D), which is regarded as the most radical of the four unions representing staff in the Commission, says the committee of wise men agreed that the statutory regime for dealing with cases of alleged wrong-doing was "clear and precise".

"The widespread notion that European civil servants enjoy a legal framework guaranteeing 'impunity' for the wrong-doing committed by staff has no foundation," insists the letter, adding that there is no need to go ahead with "profound changes" to the legal framework.

One of the biggest unions, FFPE, says there is widespread concern that bringing outsiders onto disciplinary boards could cause procedural problems. The unions argue that the difficulties which the Commission has faced in imposing effective penalties on staff found guilty of wrong-doing in the past stems from its failure to use existing sanctions and its preference for pensioning off officials to avoid scandal.

They point out that the committee of wise men's report criticised the Commission for giving very senior officials early retirement packages, "enabling them to depart with their reputation intact and a comfortable pension".

But the unions' stance has been strongly criticised by MEPs, who have accused them of trying to block any attempts at reform. "The unions are going to have to get used to the fact that things are going to change," said Dutch Socialist MEP Michiel van Hulten. "The Commission has accepted the need for independent figures to be involved. Otherwise you simply end up being tried by your peers."

Kinnock must now decide whether to risk a clash with the unions by pressing ahead with the plan, or merely tinker with the present system, before he presents a promised paper on the issue to the full Commission later this month.

This is due to be followed up with a more wide-ranging shake-up of the rules next year.

European Commission Vice-President Neil Kinnock faces a fierce backlash from the staff unions if he presses ahead with plans to bring in independent legal experts to help the institution decide how to punish officials who break the rules.