In September 2023, the Administrative Tribunal registered three appeals. The following information is given to enable those who so wish to exercise their right to intervene under Article XI of the Statute of the Administrative Tribunal.
On 8 September 2023, the Tribunal registered appeals:
- No. 739/2023 – E.T. v. Secretary General of the Council of Europe,
- No. 740/2023 – D.K. v. Secretary General of the Council of Europe and,
- No. 741/2023 – E.K. v. Secretary General of the Council of Europe.
The appellants are permanent staff members of the Council of Europe with a dual French and Russian citizenship.
They seek the annulment of the Secretary General’s decision to remove them from an A4 job and to transfer them to a job of a lower grade in pursuance of Articles 570.1 (Transfer without competition) and 590.1 (Supernumerary transfer) of the Staff Regulations within the framework of a risk management exercise aimed at identifying sensitive jobs following the cessation of the membership of the Russian Federation. They also seek compensation for damages resulting from the contested decision.
The appellants claim that the decision in question is arbitrary, discriminatory and that it contravenes the Staff Regulations and Rules. The decision would also result in a breach of Articles 8 and 14 of the European Convention on Human Rights, as well as of the general principles of legality, necessity, proportionality, legal certainty and good administration. They further submit that their assignments to a lower-grade job constitute a disguised measure of downgrading and a case of psychological harassment.