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Annual report 2002 - EOI

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DECISIONS FOLLOWING AN INQUIRY 207<br />

THE DECISION<br />

1 Language used by CEDEFOP in its opinions on complaints<br />

1.1 The Ombudsman requested CEDEFOP to inform him whether it had given, or<br />

planned to give, instructions to its staff as to the appropriate way of replying to complaints<br />

from European citizens, in accordance with CEDEFOP’s Code of Good Administrative<br />

Behaviour of 15 December 1999. This was based on the fact that the Ombudsman noted<br />

that several of CEDEFOP’s opinions (in cases 466/2000/OV, 705/2000/OV and<br />

1206/2000/BB) seemed not to be in accordance with the principle of courtesy contained<br />

in Article 12 of the Code of Good Administrative Behaviour of CEDEFOP.<br />

1.2 In its opinion, CEDEFOP regretted the language it had used in those opinions, stating<br />

that it was used in internal correspondence with the Ombudsman’s office and that it had<br />

not anticipated that this correspondence would be published.<br />

1.3 The Bureau of CEDEFOP however invited the Director to take appropriate measures<br />

and give instructions to his staff so as to avoid any repetition of inappropriate wording<br />

when replying to complaints in the future. CEDEFOP will also closely monitor the<br />

language used in its opinions in order to ensure strict respect of its Code of Good<br />

Administrative Behaviour. Also, in the event of any future complaints, it will publicise<br />

summaries of its answers on its web-site.<br />

1.4 The Ombudsman is glad that CEDEFOP encourages its staff to be candid in their<br />

dealings with the Ombudsman’s office, and not to adopt a legalistic and bureaucratic<br />

approach. The Ombudsman understands that CEDEFOP will continue to do so, whilst<br />

ensuring that proper language is used.<br />

1.5 From its opinion on the Ombudsman’s inquiry, it appears that CEDEFOP will take the<br />

necessary measures, including instructions to its staff, in order to reply in an appropriate<br />

way to complaints from citizens. The Ombudsman therefore considers that no further<br />

inquiries into this matter appear to be necessary.<br />

2 Conclusion<br />

On the basis of the Ombudsman’s inquiries, there appears to have been no maladministration<br />

by CEDEFOP. The Ombudsman therefore closes the case.<br />

3.7.3 All<br />

Community<br />

institutions and<br />

bodies and<br />

decentralised<br />

agencies<br />

OWN INITIATIVE<br />

INQUIRY ON AGE<br />

LIMITS<br />

Decision in own<br />

initiative inquiry<br />

OI/2/2001/(BB)OV<br />

On 30 April 2001, the Ombudsman started an own initiative inquiry into the limitation of<br />

the citizen’s right to work, through the imposition of age limits for recruitment to the<br />

Community institutions and bodies. This own initiative inquiry concerned all Community<br />

institutions, bodies and decentralised agencies.<br />

THE INQUIRY<br />

The reasons for the inquiry<br />

On 7 December 2000, in Nice, the Presidents of the European Parliament, the Council and<br />

the Commission jointly proclaimed the Charter of Fundamental Rights of the European<br />

Union 108 . The European Council welcomed the joint proclamation, noting that the Charter<br />

combines in a single text the civil, political, economic, social and societal rights hitherto<br />

laid down in a variety of international, European or national sources 109 .<br />

108<br />

109<br />

OJ 2000 C 364/1.<br />

Presidency Conclusions, Nice European Council meeting, 7 , 8 and 9 December 2000, paragraph 2.

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