Zsolt CZÉKMANN (University of Miskolc, Faculty of Law, Hungary)
Abstract
The functioning of the European Union – like the functioning of a nation state – is unimaginable without one attendant consisted of loyal experts. The Union institutions recruit the manpower from the nation states, which has the role to supply the public challenge beyond the frames of the nation states, so on the union level. The Treaty of Rome declares the free movement of labour and in pursuance of this the Union citizens can enter employment on same conditions, like the citizen of the member state, so in this way prohibiting the bias between certain employees. The exceptions to the free movement of the labour are the filling vacancies in member states, in which the employee personalizes the member states’ public authority, namely he fills his/her vacancy in possession of the public authority. In favour of the defence of the state sovereignty, the article 39. (4) of the Treaty of Rome provides facilities for the member states, that it is possible for the member states to tailor a criterion of citizen assuring the creating of a loyal public sphere of the member state . The objective of the EU is also the creating of a loyal public sphere of the employing institution (so accordingly for the EU too), where the public officers work exclusively with this end in view of the EU and they utilize their expertises on behalf of EU. Out of consideration for the frequent conflicts of interest between certain member states and the Union it is a serious hazard for the EU, if the interests of the member states are prevailing among the employees in the institutions and not in the forums(for example in the Council) which are made for it. Because of the elimination of this problem was born the individual legal status assuring regulation, which is inspired to ensure the independence of the employees in the institutions and to ensure the expert functioning of the institutions The aim of the presentment is to demonstrate this special legal actuality, to disclose the specialities in peculiar consideration of the institution of the competition examination.
Download Info
To download:
If you experience problems downloading a file, check if you have the
proper application to
view it first. Information about this may be contained
in the File-Format links below. In case of further problems read
the IDEAS help
page. Note that these files are not on the IDEAS
site. Please be patient as the files may be large.
Publisher Info
Article provided by Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation in its journal Curentul Juridic, The Juridical Current.