Abstract
Problem setting. The modern pandemic reality makes all the citizens of the European Union vulnerable, especially in terms of employment and employment disputes. European civil service framework has been existing for more than 50 years, but until now some fundamental issues need to be tackled. Transparency is what the international community is striving for nowadays. The numerous tools for legal protection available to the EU servants offer completely different solutions to the one problem. Therefore, it is crucial to maintain the sound practice, according to the principle of sustainable development. The problems of the pre-trial administrative disputes resolution are questioning the mere ability of this mechanism to provide protection impartially and within sound terms. On the one hand, European Court of Justice stands as an effective remedy, which compensates the drawbacks of administrative way of rights protection. But on the other hand, the European Ombudsman institute shows, that both of the aforementioned remedies are not capable of giving up-to-date protection to the EU servants. That’s why substantial changes in this framework are needed, including reconsideration of the procedure of appeals prescribed under the Council of the EU Staff Regulation. Target of research is to evaluate the effectiveness of each of the remedies available to the EU servants for today in the EU acquis framework. Article’s main body. The article is devoted to the research of administrative and judicial means of remedies available to the EU servants. The analysis of the Court of Justice of the European Union case practice has been conducted. The procedure of resolution of administrative disputes between the EU servants and the EU institutions via the European Ombudsman institute has been investigated. The analysis of disputes concerning the protection of EU servants’ rights within the administrative framework within the institutions has been carried out. Conclusions. After analyzing various types of remedies on the protection of civil servants’ rights, a couple of issues to tackle has been revealed. The administrative remedies under Staff Regulations of the Council are not transparent enough to consider them sufficient for being the main way of protecting Staff rights prescribed in the Regulation. The European Ombudsman, along with judicial practice of the Court of Justice of the European Union might be the relief for the institutional mechanism of civil servants rights protection due to the strategic investigations the European Ombudsman is capable to undertake. Further recap of the administrative means of remedies available under the Staff Regulation is explicitly urgent to conduct as soon as possible.
Published Version
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