1. DATA PROTECTION
EU-OSHA respects the privacy of its candidates and processes their personal data as required by Regulation (EU) 2018/1725. This applies particularly to the confidentiality and security of such data. The personal information that EU-OSHA requests from candidates in the context of a selection procedure will be processed in line with the data protection statement on Selection and Recruitment procedures.
Applicants shall be granted access to all their personal data processed within a selection procedure. In particular, data subjects should be given access to their evaluation results from all stages of the selection procedure (pre-selection, interview and written tests), unless the exception as further specified in Article 6 of Annex III to the Staff regulations can be applied.
This exception may imply that access should not be granted neither to the comparative data concerning other applicants (comparative results), nor to the individual opinions of the members of the Selection Committee.
2. LEGAL REMEDIES
Candidates not admitted to the selection procedure
Request for review
A candidate who feels that an error has been made related to his/her non-admission to a specific selection procedure (i.e. the candidate does not fulfil the eligibility criteria stated in the vacancy notice), may ask to have his/her application reconsidered by sending, within 5 calendar days (starting one month after the closing date for application), a request for review, quoting the number of the selection procedure concerned, addressed to the Chairperson of the Selection Committee preferably by email: recruitment [at] osha [dot] europa [dot] eu.
The Selection Committee will reconsider the application and notify the candidate of its decision within 10 working days of receipt of the request.
Complaints
Should the Selection Committee confirm the initial decision not to admit the candidate to the selection procedure, the candidate can lodge a complaint under Article 90(2) of the Staff Regulations, addressed to the Executive Director of the European Agency for Safety and Health at Work, preferably by email: recruitment [at] osha [dot] europa [dot] eu.
The complaint must be lodged within three months from the receipt of the notification of the decision to the candidate. The Executive Director shall notify the candidate of his/her reasoned decision within four months from the date on which the complaint was lodged. If, at the end of that period no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it, against which an appeal may be lodged under Article 91 of the Staff Regulations.
If the complaint is rejected, the candidate may bring a case under Article 270 of the Treaty on the Functioning of the European Union and Article 91 of the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Union before:
The General Court of the European Union
Rue du Fort Niedergrünewald
L-2925 Luxembourg
It is also possible to file a complaint to the European Ombudsman pursuant to Article 228 of the Treaty on the Functioning of the EU and in accordance with the conditions laid down in the Decision of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (OJ L 113, 04.05.1994).
Such complaint shall be addressed to:
European Ombudsman
1 Avenue du Président Robert Schuman
CS 30403
F- 67001 Strasbourg Cedex
Please note that complaints made to the European Ombudsman have no suspensive effect on the time limits laid down in Articles 90(2) and 91 of the Staff Regulations. Please note also that, before lodging a complaint with the Ombudsman, candidates must have submitted a complaint to EU-OSHA under Article 90(2) and received a negative reply.
Candidates admitted to the selection procedure but excluded at some later stage
Candidates having been admitted to the selection procedure, but having been excluded at a later stage, e.g., candidates not invited to interviews/tests, candidates having failed at the stage of test/interview, and ultimately, candidates not included in the reserve list, cannot ask for a review of the Selection Committee’s decision excluding them from the selection procedure, but can avail themselves of the procedures foreseen in Article 90(2) and 91 of the Staff Regulations. Candidates can also submit a complaint to the European Ombudsman as explained above.
If the complaint is rejected, the candidate may bring a case under Article 270 of the Treaty on the Functioning of the European Union and Article 91 of the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Union before:
The General Court of the European Union
Rue du Fort Niedergrünewald
L-2925 Luxembourg
