Time running out for final appeal on Promotions 2011

Article 90(2) appeals against promotion decisions

The new evaluation exercise 2012 has been launched but for some of you the promotion exercise 2011 may not  be finished yet. Given the changeover to a new evaluation and promotion system as of 2012 it is important to make sure that you have been treated fairly and equally and no procedural errors have occurred during the 2011 evaluation and promotion procedure.  

 You have three months after the publication dates to launch a final complaint Art 90(2).

This deadline expires on 27 January 2012.

What could be the main reasons for appeal?

• If your Director General did not follow a (unanimous) opinion by the Joint Appraisal and Promotion Committees AD and AST to increase your performance level or points without sufficient justification;
• If you are in a slow career while your CDRs confirm your merit over time e.g.  your appraisal reports consistently  praise you as an excellent official but no account is taken in the promotion decision
• If you were penalised because the promotion rates in your grade are not been respected;
• If you were penalised for mobility or for a justified prolonged absence
• If your promotion appears delayed beyond the periods foreseen in the Staff Regulation and General Implementing provisions so-called ‘Kallas guarantee’, without justification through sub-standard performance

This list is not exhaustive, since every colleague’s situation is different.

Missing statistics make  your decision more difficult…..

R&D notes that up to now no clear and final statistical data have been made public and might make it more difficult to verify the legality of your non-promotion on the basis of the average promotion rates for your grade provided by Annex IB of staff regulations or, for the former (pre-2004) end of career AST and AD grades, on the basis of the annual promotion rates as provided for in Annex XIII, art 9 and 10. Data have been communicated to Unions .

If you decide to launch an appeal make sure that your promotion rhythm and career speed is based on merit and not unduly delayed for structural reasons; for instance :

• If you are in a grade mentioned in the Annex XIII, art 9 – 10 [AST and AD ex end of career grades] of the Staff Regulations, compare relevant yearly statutory promotion rates to annual promotion rates in column F.
• If you are in any other grade apart of the ones mentioned in Annex XIII, art 9 and 10, compare the 5 year average promotion rates mentioned in Annex IB of staff regulations to 5 year average promotion rates in column A.
• In both cases, if your merit have been recognised in your CDR you could envisage lodging an appeal if rates in relevant Staff Regulations annexes are higher than the ones respectively in column F or A.

In case of doubt ask R&D specialists:  

• For AD staff our specialists are: [link to our site]
• For AST staff our specialists are: [link to our site]
• Please contact our secretariat to make a free appointment with our lawyer, if you are a member.

If you intend to go to Court over your non-promotion, lodging an Article 90.2 complaint is a legal pre-condition to do so, in order to give the administration a last chance to correct an error.

To launch an Art 90(2) appeal, you can use the forms available on Intracomm at the following link: http://myintracomm.ec.europa.eu/hr_admin/en/appeals/complaints/Pages/index.aspx

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