Fundamental rights in European Union civil service law

Abstract

Sometimes neglected by lawyers, European Union civil service law represents an area where fundamental rights issues are particularly likely to arise: the official confronts the administration which he or she works for, and which may adopt measures specifically addressed to him or her. The role of judicial review is then of the utmost importance. However, the relationship European Union personnel have with the administration is a public law one, and this is the case mainly because the European Union administration has the responsibility of ensuring the achievement of the tasks conferred on the European Union institutions by the Treaties. The Staff Regulations, which are the main source of European Union civil service law, reflect the nature of this relationship in their provisions and procedures. It is against this backdrop that one has to assess the ways in which the European Union Charter of Fundamental Rights can be of relevance in European Union civil service law.