EU Civil Service Law - A Practitioner’s Guide

MADER Olivier

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Description du produit

Résumé

“Since reading [the book], I have been enthusiastic and impressed by it … It will undoubtedly be of great use to all staff employed by the EU institutions and agencies interested in knowing their rights and obligations in EU Civil Service Law, as well as to interested practitioners for finding their way into this thrilling area of EU law."
Jan Inghelram, Director, Legal Adviser on Administrative Matters of the Court of Justice of the European Union (from the Foreword to the book)

This practical commentary interprets EU Staff Regulations on the basis of a rich set of judgments handed down by the EU courts over more than 70 years, complemented by insightful case studies on recent landmark decisions.

In addition to presenting key aspects of employment law applicable to officials and other agents of the EU institutions, the book considers future legal developments. Several important areas of Union law meet in the practice of civil service matters: fundamental rights; general principles of EU law; social and labour law; family and tax law; and procedural, administrative, institutional and constitutional law. Mader explores this intersection across chapters covering civil service law context, its legal framework and interpretative principles; it covers procedural and substantial EU civil service law and closes with a chapter on collective EU civil service law.

The result is an invaluable English-language commentary by one of the field's leading figures, written for all staff employed by EU institutions (and similar bodies) and for all organisations that apply and interpret EU civil service law, as well as for colleagues working across EU law, civil service and public sector law.

Table des matières

1. EU Civil Service Law as Legal Subject-Matter
I. Purpose and Scope
II. Normative Framework
III. General Principles of EU Civil Service Law

2. Review System: Admissibility of Applications and Procedural Matters in EU Civil Service Law
I. Jurisdiction for Staff Matters
II. Remedies
III. Right to Bring an Action
IV. Defendant
V. Subject Matter and Reviewable Act
VI. The Procedure in Staff Matters
VII. Scope of the Assessment on the Merits and Extent of Review
VIII. Decisions of the Court and Enforceability
IX. Remedy: Appeal
X. Complaint to the Ombudsman

3. On the Substance: Material EU Civil Service Law
I. The Framework of Administrative Decision Making
II. The Legal Status of Staff Employed
III. Remuneration
IV. Insurances and Pensions
V. Invalidity, Occupational Disease, Accident and Incapacity to Work

4. Collective EU Civil Service Law
I. Staff Committee
II. Freedom of Association – Triangle of Representation, Staff and Institutions
III. Social Dialogue
IV. Right to Strike