Strasbourg, 13/03/2002 (Agence Europe) - The European Ombudsman, Jacob Söderman, refuses to sign the inter-institutional decision that would set up a European Recruitment Office, unless there is a provision inserted that bans age discrimination. In a letter addressed to the Presidents of the Commission and Parliament, Mr Söderman writes, "I cannot put my signature to a decision that does not clearly state that the European Recruitment Office will not commit any kind of discrimination" in compliance with Article 21 of the Charter of Fundamental Rights of the European Union that forbids all discrimination, notably that based on age. He has asked Romano Prodi and Pat Cox to take appropriate measures for removing the provision of the decision allowing the recruitment office to apply age limits and replace it with a text compelling the office to respect Article 21 of the Charter.
The investigation on age limits, taken on the initiative of the Ombudsman, reveals that some institutions have an attitude that is overtly negative towards the Charter. Discriminatory remarks towards older people, economic arguments, negotiations with staff unions and a Court judgement made 30 years ago are reasons cited to maintain the current set up. The Ombudsman believes that the application of age limits sets a bad example for EU employers and candidate countries and that, "People aged over 45 (the age limit most frequently used) can be discriminated against and banished from the labour market in total legality". Age limits also tend to disadvantage women who wish to begin or take up their career again after having brought up their children. Mr Söderman is critical of the view that the Charter must not put any restraints on the institutions and European Union organisation because it is not a political declaration. According to the Ombudsman, "This appears to suggest that even the most solemn promises made by politicians should not be taken seriously". The investigation carried out by the Ombudsman has revealed that organisations that have been set up most recently, such as the European Central Bank and Europol do not apply age limits. The Ombudsman states that this is perhaps down to the fact that these organisations have never been part of the traditional outmoded administrative culture that is proving so resistant to change. Mr Söderman explains that the newer organisations appear to function well, with a highly motivated staff.
Repeated declarations by the Commission appears to demonstrate that it really does wish to abolish age limits but other institutions, particularly the Court of Justice and the Council remain resolutely hostile. The creation of the European Recruitment Office requires a decision by the Parliament, Council, Court of Justice, Court of Auditors, Economic and Social Council, Committee of the Regions and the Ombudsman. The Office will seek to replace the current system where each institution organises its own competitions. It is expected to be ready to organise its own recruitment competitions by 2003, which will allow all the institutions to put their lists of personnel on a single list of candidates.