<p>Since 2004, European institutions have put in place formal procedures to address complaints of their staff members concerning workplace harassment, including by members of the institutions. These internal procedures are framed by the administration’s duty of assistance towards their staff. The Court of Justice of the EU scrutinises respect of the right to be heard in these administrative procedures as part of the general principle of the rights for defence and in correlation to the right of access to the file. This article reviews the evolution of the case law in that field.</p>

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Formal inquiries of harassment complaints in EU institutions: the baby or the bathwater?

  • Dora Boytha

摘要

Since 2004, European institutions have put in place formal procedures to address complaints of their staff members concerning workplace harassment, including by members of the institutions. These internal procedures are framed by the administration’s duty of assistance towards their staff. The Court of Justice of the EU scrutinises respect of the right to be heard in these administrative procedures as part of the general principle of the rights for defence and in correlation to the right of access to the file. This article reviews the evolution of the case law in that field.