European Ombudsman / Decision 2275/2024/PB
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European Ombudsman / Decision 2275/2024/PB
key facts of the complaint:
The case concerned the handling of a harassment complaint from a staff member of an EU mission. The EU mission in question decided to open a ‘preliminary investigation’, but faced issues in actually starting it. The complainant contacted the European Ombudsman when, after several months, the preliminary investigation appeared not to have begun.
The Ombudsman opened an inquiry, asking the EEAS to give an account of the situation.
Key legal question raised by the deciding body:
The time taken by the European External Action Service (EEAS) to start a preliminary investigation concerning allegations of harassment.
Outcome of the complaint:
In the course of the Ombudsman’s inquiry, the EEAS actually began the preliminary investigation, which led to a report on the basis of which it was decided to open a disciplinary procedure.
The Ombudsman concluded that the delay in starting to carry out the preliminary investigation was a breach of the complainant’s fundamental right to a reasonable administrative handling time. The Ombudsman moreover concluded that there had been maladministration in the initial communication with the complainant.
However, given that the preliminary investigation had meanwhile led to the opening of a related disciplinary procedure, the Ombudsman closed the inquiry.
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Paragraphs referring to EU Charter
28. The obligation to conduct administrative procedures within a reasonable time is a general principle of EU law and a fundamental right under the EU Charter of Fundamental Rights.[9] Where an EU institution or body has to deal with an issue as serious as alleged psychological harassment, it has an obligation to respond to the person making the allegation[10] with rapidity and solicitude.[11] The 2016 Code of Conduct that applied to this case provided that “All persons and authorities acting within the framework of this Code shall act promptly and without undue delay.”[12] It further provided that “The duration of the disciplinary procedure, which includes the implementation of the final decision, shall be proportionate and shall take into account the potential adverse effects on involved individuals. It shall not exceed one year.”[13] The EEAS confirmed that the time frame of one year applied to the preliminary investigation and the (possible) disciplinary procedure as a whole. The time frame for both procedures should thus normally not exceed one year.
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Paragraphs referring to EU Charter (original language)