European Ombudsman / Decision 809/2024/ET
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European Ombudsman / Decision 809/2024/ET
Key facts of the complaint:
The case concerned the decision by the European Union Rule of Law Mission in Kosovo (EULEX) to terminate the contract of a member of staff. In particular, the staff member argued that EULEX had wrongly disregarded his request that it review the decision and had not provided him an adequate opportunity to meaningfully express his views.
Key legal question raised by the deciding body:
How the EU Rule of Law Mission in Kosovo (EULEX) dealt with the termination of a staff member's contract.
Outcome of the complaint:
The Ombudsman found no irregularity in how EULEX terminated the staff member’s contract, which resulted from a decision by EULEX to eliminate the post in question. EULEX had the right to finalise its strategic decisions on its organisational structure before taking an individual decision regarding the complainant’s contract and informing him. EULEX also gave the complainant an opportunity to express his views on the matter.
The Ombudsman therefore closed the inquiry with a finding of no maladministration.
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Paragraphs referring to EU Charter
24. According to EU case-law, and in accordance with Article 41 of the EU Charter of Fundamental Rights[5], individuals must be given the opportunity to express their views in all proceedings that are liable to culminate in a measure adversely affecting them.[6] The ‘right to be heard’ guarantees every person the opportunity to make known their views effectively during an administrative procedure and before the adoption of any decision liable to affect their interests adversely. That right also requires EU bodies to pay due attention to the observations submitted by the person concerned.
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Paragraphs referring to EU Charter (original language)