Parltrack

Activites

• 2009/02/27 Final act published in Official Journal
  • Regulation 2009/160
  • OJ L 055 27.02.2009, p. 0001
• 2008/12/18 Act adopted by Council after consultation of Parliament
• #2917
• 2008/12/18 Council Meeting
• 2008/12/18 End of procedure in Parliament
• 2008/12/16 Text adopted by Parliament, 1st reading/single reading
  • T6-0606/2008 summary

    The European Parliament adopted by 598 votes to 19 with 47 abstentions, a legislative resolution amending the proposal for a Council regulation amending the Conditions of employment of other servants of the European Communities, regarding accredited parliamentary assistants. The report had been tabled for consideration in plenary by Giuseppe GARGANI (EPP-ED, IT), on behalf of the Committee on Legal Affairs. Parliament was concerned to ensure that certain implementing measures were adopted by internal decision of the European Parliament for matters such as disciplinary procedure, classification of grades and appeals. It also stressed the relationship of mutual trust between accredited parliamentary assistants and Members. The main amendments - made in the framework of the consultation procedure - are as follows : Accredited parliamentary assistant: this term is used throughout the text (rather than parliamentary assistant). Such assistants are defined as persons chosen by one or more Members and engaged by way of direct contract by the European Parliament to provide direct assistance, in the premises of the European Parliament at one of its three places of work, to the Member or Members in the exercise of their functions as Members of the European Parliament, under their direction and authority and in a relationship of mutual trust deriving from the freedom of choice referred to in Article 21 of the Statute for Members of the European Parliament Accredited parliamentary assistants shall be engaged to perform either part-time or full-time duties. Specific nature of parliamentary assistants: Parliament made a clear distinction in the text between accredited parliamentary assistants and local assistants. In contrast to local assistants, accredited parliamentary assistants are, as a general rule, expatriates. Accredited parliamentary assistants must be employed by way of direct contracts with the European Parliament. In contradistinction, local assistants, including those working for Members elected in one of the Member States in which the Parliament's three places of work are located, should continue to be employed, in accordance with the aforementioned Implementing Measures for the Statute for Members of the European Parliament, by Members of the European Parliament under contracts concluded under the applicable national law in the Member State in which they are elected. Budget: the appropriations entered in the European Parliament section of the general budget of the EU and earmarked to cover parliamentary assistance, the annual amounts of which will be determined within the framework of the annual budgetary procedure, shall cover all the costs directly associated with Members' assistants, be they accredited assistants or local assistants . Mutual trust: Members stressed that the relationship between Member and accredited parliamentary assistant was characterised by mutual trust. Parliament made clear that certain measures, including Article 1e of the Staff Regulations, on measures of a social nature and working conditions, shall apply by analogy, provided that such measures are compatible with the particular nature of the tasks and responsibilities taken on by accredited parliamentary assistants. Similarly, Articles 11 to 26a of the Staff Regulations shall apply by analogy. Having strict regard in particular to the specific nature of the functions and duties of accredited parliamentary assistants and the mutual trust which has to characterise the relationship between them and the Member or Members of the European Parliament whom they assist, the implementing measures relating to this area adopted by internal decision shall take account of the specific nature of the working relationship between Members and their accredited parliamentary assistants. Lastly, Article 1d of the Staff Regulations shall apply by analogy, taking into account the relationship of mutual trust between the Member of the European Parliament and his accredited parliamentary assistant or assistants, it being understood that Members of the European Parliament may base their selection of accredited parliamentary assistants also on political affinity. Representation: by way of derogation form the Regulations, the arrangements relating to the autonomous representation of accredited parliamentary assistants shall be laid down by the implementing measures adopted by internal decision, taking into account that a formal link shall be established between the statutory representation of the Staff and the autonomous representation of the assistants. Parliament stated that accredited Parliamentary assistants should have statutory representation outside the system that applies to officials and other staff of the European Parliament. Their representatives should act as interlocutor vis-à-vis the competent authority of the European Parliament. Probationary period: Parliament deleted the clause stating that parliamentary assistant shall serve a probationary period of three months. Grades: the accredited parliamentary assistant shall be classified by grade by indication given by the Member or Members whom the assistant will support, in accordance with the relevant implementing measures, which will be adopted by internal decision by Parliament. For classification in grades 14-18, accredited parliamentary assistants shall be required, as a minimum, to have a university degree or equivalent professional experience. Salary: Members amended the salaries for each grade in the Annex, and these are lower than the salaries proposed in committee. Posts: accredited parliamentary assistants shall not be assigned to a post included in the list of posts appended to the section of the budget relating to the European Parliament. Their remuneration shall be financed under the appropriate budget heading and they shall be paid from the total appropriations allocated to the section of the budget relating to the European Parliament. Duration: the contracts of accredited parliamentary assistants must be concluded for a fixed period and shall specify the grade in which the assistant is classified. A fixed-term contract must not be extended more than twice during a parliamentary term. Unless otherwise specified in the contract itself, the contract shall terminate at the end of the parliamentary term during which it was concluded. The contracts shall expire at the latest by the end of the parliamentary term during which they were concluded. Disciplinary procedure: specific provisions relating to the disciplinary procedure shall be laid down in the implementing measures adopted by internal decision. Years of service: periods of employment as an accredited parliamentary assistant shall not be regarded as constituting "years of service" for the purposes of Article 29(3) and (4) of the Staff Regulations. Report: the European Parliament shall, no later than 31 December 2011, present a report on the application of the Regulation in order to examine the possible need to adapt the rules applying to parliamentary assistants. On the basis of that report, the Commission may make any proposals it deems appropriate to that effect.

  • Results of vote in Parliament
• 2008/12/16 Commission response to text adopted in plenary
  • SP(2009)402
  • DG Human Resources and Security, KALLAS Siim
• 2008/12/11 Court of Auditors: opinion, report
  • 52008AA0005 summary

    OPINION NO 5/2008 OF THE COURT OF AUDITORS of the European Communities on a proposal for a Council Regulation amending the conditions of employment of other servants of the European Communities. The purpose of the Commission proposal is to amend the Conditions of Employment of Other Servants of the European Communities (CEOS) in order to include a new category of servants called 'parliamentary assistants', to be chosen by MEPs and to be engaged under contract by Parliament to work within its premises in Strasbourg, Brussels and Luxembourg. The Court welcomes the proposal, which aims at ensuring transparency, non-discrimination and legal certainty through common rules for parliamentary assistants. The proposal is in line with the Court's Opinion No 6/98 on a previous proposal on the same subject (see CNS/1998/0176), in which the Court suggested that parliamentary assistants could constitute a completely new category of staff employed on the basis of contracts with the Communities and provided with their own regulation. The proposal also addresses certain aspects of criticism expressed on several occasions by the Court, which pointed out weaknesses in the applicable regulatory framework, highlighting in particular the need to adopt rules that ensure the proper justification and documentation of the services delivered. The Court notes that the Commission proposal provides for the adoption, by internal decisions of Parliament, of provisions governing the employment of parliamentary assistants, and of practical implementing measures for the application by analogy of Articles 11 to 26a of the Staff Regulations, which will determine the assistants' rights and obligations. For the adoption of such internal decisions, it should be borne in mind that implementing rules may lay down criteria capable of guiding the administration in the exercise of its discretionary power or explain more fully the scope of provisions of the Staff Regulations which are not wholly clear. However, they cannot reduce the scope of the Staff Regulations by further explaining a clear term of those regulations. The system proposed, if adopted, will generate an increased workload for the Parliament's services within a short period of time. This generates risks which may negatively impact on the legality and regularity of the operations undertaken and the reliability of management and financial information. The Court therefore recommends that the relevant services of the Parliament take the appropriate measures to ensure that reliable and effective procedures and systems are designed, tested and implemented in a timely manner and that the resources necessary to the timely, reliable and efficient management of the new scheme are made available.

  • OJ C 008 13.01.2009, p. 0001
• 2008/12/08 Committee report tabled for plenary, 1st reading/single reading
  • A6-0483/2008
  • BUDG LEWANDOWSKI Janusz PPE-DE
  • JURI JURI/6/68897 GARGANI Giuseppe PPE-DE
• 2008/12/04 Vote in committee, 1st reading/single reading
  • BUDG LEWANDOWSKI Janusz PPE-DE
  • JURI JURI/6/68897 GARGANI Giuseppe PPE-DE
• 2008/11/20 Committee referral announced in Parliament, 1st reading/single reading
  • BUDG LEWANDOWSKI Janusz PPE-DE
  • JURI JURI/6/68897 GARGANI Giuseppe PPE-DE
• 2008/11/17 Committee draft report
  • PE415.320
• 2008/11/13 Legislative proposal
  • COM(2008)0786 summary

    PURPOSE: to introduce in the Conditions of Employment of Other Servants (CEOS) provisions covering the assistants to Members of the European Parliament (MEPs). PROPOSED ACT: Council Regulation. BACKGROUND: the current system of engaging of assistants to MEPs, which is based entirely on private law contractual arrangements, seems to be no longer compatible with the size and complexity of a Parliament composed of MEPs from 27 Member States. It puts a very heavy administrative burden both on Parliament's administration and on individual MEPs. Apart from this administrative burden, the application of 27 different tax and social security systems to persons working between Brussels, Strasbourg, Luxembourg and other parts of Europe results in numerous constraints concerning the position of MEPs' assistants. In 2000, in the context of the Commission proposal of 19 May 1998 (see CNS/1998/0176) the Council declared that it was fully aware of the need to regulate the conditions of employment of parliamentary assistants and to improve their current situation. To that end, the Council pointed out that, when examining the draft Statute for Members of the European Parliament, it adopted principles which it regards as essential in that regard: direct payment of assistants by Parliament, under the responsibility and in accordance with the personal instructions of the MEP concerned; the existence of a written contract registered with the European Parliament; compliance with the applicable provisions relating to taxation and social security. The proposal takes account of these principles. A new category of Parliamentary Assistants is introduced in CEOS. Persons falling within the new category would be engaged by the European Parliament for a MEP after being selected by a MEP. Specific rules are introduced for governing this new category of staff, taking into consideration the specific features of the tasks of the Parliamentary Assistants and their relations with the European Parliament and the MEP. The introduction of this new category in CEOS would also bring about the replacement of 27 different contract relation, taxation and social security schemes by one single scheme. CONTENT: the proposal lays down rules introducing a new category of assistants to MEPs to the Conditions of Employment of Other Servants and lays down rules on this new category respecting its specifics. It covers the assistants to Members of the European Parliament (MEPs), based in one of the European Parliament's places of work (Brussels, Strasbourg, Luxembourg), with the exception of those assistants working in MEP offices in the country of election, e.g. constituency offices, and aims to clarify and improve their current situation while fully respecting the particularity of their tasks in the Parliament. General principle: MEPs assistants covered by this proposal will be employed by way of direct contract with the European Parliament. The introduction of this specific category of servants does not affect Article 29 of the Staff Regulations which provides that internal competitions are only open to officials and temporary staff. Parliamentary assistants thus constitute a category of staff specific to the European Parliament, in particular with regard to the fact that they support Members of Parliament in their capacity as democratically elected representatives entrusted with a mandate, in carrying out their duties. Main provisions: the proposal provides that: Parliamentary assistants shall be classified by grade. Where a parliamentary assistant concludes a new contract, a new decision concerning his grading shall be taken; each Member will choose his or her own assistant; the employment contract of assistants will be for an indefinite period (normally the duration of a legislature); the Parliamentary assistant shall be engaged to perform either part-time or full-time duties without being assigned to a post included in the list of posts appended to the section of the budget relating to the European Parliament; by internal decision, the European Parliament shall adopt provisions governing the employment of parliamentary assistants; Article 1e of the Staff Regulations, on measures of a social nature and working conditions, shall apply by analogy; a parliamentary assistant shall serve a probationary period of three months; the weekly working hours of an assistant shall be set by the Member, but in normal circumstances may not exceed 42 hours per week. Assistants may not be required to work overtime except in the event of an emergency or exceptional workload. However, overtime worked by parliamentary assistants shall carry no right to compensation or remuneration. Financial provisions: the principle of budgetary neutrality should be observed in respect of the introduction of this new category of staff. In this respect, the European Parliament shall pay into the general budget of the European Union the entire amount of the contributions needed to finance the pension scheme with the exception of the contribution under Article 83(2) of the Staff Regulations which is deducted monthly from the salary of the person concerned. Report: within three years of the entry into force of this Regulation, the European Parliament shall submit a report on the application of this Regulation in order to examine the possible need to adapt the rules applying to parliamentary assistants. Entry into force:  the entry into force of these new provisions should coincide with the entry into force of the Statute for Members of the European Parliament. (Parliament's new term in 2009.)

  • DG Human Resources and Security, KALLAS Siim

Documents

• Legislative proposal published: COM(2008)0786
• Committee draft report: PE415.320
• Committee report tabled for plenary, 1st reading/single reading: A6-0483/2008
• Court of Auditors: opinion, report: 52008AA0005
• Court of Auditors: opinion, report: OJ C 008 13.01.2009, p. 0001
• Decision by Parliament, 1st reading/single reading: T6-0606/2008
• Results of vote in Parliament: Results of vote in Parliament
• Commission response to text adopted in plenary: SP(2009)402
• : Regulation 2009/160
• : OJ L 055 27.02.2009, p. 0001

Votes

Report: Gargani (A6-0483/2008) - resolution

History

(these mark the time of scraping, not the official date of the change)