Judgement T-99/18 Case Analysis
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Questions and Answers

What was ENISA's approach in communicating marks to the applicant in the current case?

  • Marks were requested by the Ombudsman.
  • Marks were withheld until a later date.
  • Marks were communicated prior to any complaint. (correct)
  • Marks were communicated after the Ombudsman’s intervention.

Which selection criterion was NOT mentioned as being underestimated by the applicant?

  • Strong ability to analyse complex information
  • Excellent negotiation skills
  • High degree of organisational skills
  • Leadership ability (correct)

What did the applicant claim regarding ENISA's assessment of his skills?

  • The assessment was overly favorable.
  • The assessment was inconsistent with his qualifications. (correct)
  • The assessment accurately reflected his skills.
  • The assessment was conducted by an independent party.

What are the selection criteria mentioned by the applicant related to communication skills?

<p>Strong communication skills in English (D)</p> Signup and view all the answers

What did ENISA comply with in its rejection of the applicant's claim?

<p>Its duty to state reasons for rejecting the application (C)</p> Signup and view all the answers

What is the primary basis of the applicant's argument regarding manifest errors of assessment?

<p>Objective inconsistencies between qualifications and marks. (D)</p> Signup and view all the answers

Which of the following criteria emphasizes the ability to handle external changes effectively?

<p>Effectiveness criterion (D)</p> Signup and view all the answers

Why could ENISA have made the contested decision more acceptable to the applicant?

<p>By explaining the reasons for the rejection in greater detail (D)</p> Signup and view all the answers

How did the Ombudsman’s decision differ in relation to ENISA's recommendation?

<p>It involved earlier intervention before communication. (A)</p> Signup and view all the answers

What cannot be required from ENISA in terms of providing information on selection criteria?

<p>To communicate the standard for maximum marks (A)</p> Signup and view all the answers

What principle governs the confidentiality of the selection committee's proceedings?

<p>The secrecy of comparative assessments (C)</p> Signup and view all the answers

What skill related to managing people is included as a selection criterion by ENISA?

<p>Strong ability to manage people and conflicts (A)</p> Signup and view all the answers

Which statement accurately reflects the relationship between the Ombudsman’s conclusions and the European Union Courts?

<p>The Ombudsman’s conclusions do not bind the European Union Courts. (D)</p> Signup and view all the answers

What is considered when assessing candidates' respective merits?

<p>The comprehensive qualifications of the candidates (D)</p> Signup and view all the answers

What type of information was ENISA required to provide to the applicant following the rejection?

<p>The scores for each of the selection criteria (D)</p> Signup and view all the answers

What could be perceived as an infringement of the principle of sound administration?

<p>Providing insufficient reasons for rejecting an application (C)</p> Signup and view all the answers

What is the primary concern regarding the decisions taken by a selection board?

<p>Reconciling the duty to state reasons with secrecy (C)</p> Signup and view all the answers

Which of the following is considered an adequate statement of reasons for selection board decisions?

<p>Scores obtained in various tests (A)</p> Signup and view all the answers

What was the purpose of introducing secrecy in selection board proceedings?

<p>To protect the integrity and objectivity of the selection process (D)</p> Signup and view all the answers

What type of reasoning must be balanced with the secrecy surrounding selection board processes?

<p>The obligation to state reasons for decisions (D)</p> Signup and view all the answers

Which judgment emphasizes the importance of stating reasons for decisions taken by selection boards?

<p>Neirinck v Commission (D)</p> Signup and view all the answers

How does the selection board ensure objectivity during its proceedings?

<p>By maintaining the confidentiality of selection processes (C)</p> Signup and view all the answers

Which article of the Staff Regulations is referenced regarding the secrecy of selection board proceedings?

<p>Article 6 (C)</p> Signup and view all the answers

What is a common misconception about the information communicated following selection board decisions?

<p>Scores should not be disclosed to ensure fairness (B)</p> Signup and view all the answers

What is primarily required from candidates during a competition regarding their applications?

<p>To provide all necessary information and documents (D)</p> Signup and view all the answers

What does the applicant's claim about his professional experience lack?

<p>Specific evidence to support his assertions (C)</p> Signup and view all the answers

How is an applicant's self-assessed language knowledge treated in the evaluation process?

<p>It does not amount to conclusive evidence of error (B)</p> Signup and view all the answers

What aspect of the applicant's background was mentioned to complement the linguistic criterion?

<p>His living experience in the United Kingdom (A)</p> Signup and view all the answers

What does the case-law state regarding the assessment of an applicant's qualifications?

<p>The burden of evidence lies with the applicant (D)</p> Signup and view all the answers

In the context of the assessments, what is the implication of a 'manifest error'?

<p>A significant misjudgment by the selection board (B)</p> Signup and view all the answers

What conclusion is drawn regarding the applicant's efforts to prove errors in assessments?

<p>They lack sufficient substantiation to support claims (C)</p> Signup and view all the answers

Which criterion was emphasized in the applicant's past professional experience?

<p>Effectiveness of previous roles (C)</p> Signup and view all the answers

What educational background is required for applicants in this selection process?

<p>University degree in relevant fields such as Finance or Economics (D)</p> Signup and view all the answers

What is the maximum number of candidates that can be invited for the selection interview and written test?

<p>8 candidates (A)</p> Signup and view all the answers

What type of test may shortlisted candidates be required to undergo?

<p>A personality test (D)</p> Signup and view all the answers

What role does the Selection Committee play in the selection process?

<p>Decide on candidates to be admitted based on application requirements (D)</p> Signup and view all the answers

On what date was Mr. Grigorios Stamatopoulos's application submitted for the head of unit position?

<p>11 May 2017 (D)</p> Signup and view all the answers

What was the purpose of the email sent by Mr. Stamatopoulos on 14 June 2017?

<p>To inquire about the progress of the selection procedure (A)</p> Signup and view all the answers

Which of the following best describes the formation of the Selection Committee?

<p>Created by decision No 31/2007 of the Executive Director of ENISA (B)</p> Signup and view all the answers

What is a criterion for low scoring in the selection process?

<p>University degree or relevant diploma in pertinent fields (C)</p> Signup and view all the answers

What does the applicant claim regarding the threshold for selection set by the committee?

<p>It was arbitrary and unlawful. (C)</p> Signup and view all the answers

What principle did the applicant claim was infringed by the selection committee's actions?

<p>Equal treatment and transparency. (B)</p> Signup and view all the answers

What information was given in the vacancy notice regarding the points threshold?

<p>The selection committee would determine a threshold later. (B)</p> Signup and view all the answers

When was the threshold of 34.3 points set by the selection committee?

<p>After the application deadline but before examining applications. (C)</p> Signup and view all the answers

What maximum number of candidates was stated in the vacancy notice to be invited to the tests?

<p>Eight candidates. (A)</p> Signup and view all the answers

What does the applicant suggest the selection committee should have done prior to submission of applications?

<p>Establish the required points threshold. (B)</p> Signup and view all the answers

How did the applicant describe the selection committee's conduct?

<p>As reminiscent of maladministration. (C)</p> Signup and view all the answers

What argument might suggest the committee acted legally regarding the threshold?

<p>The vacancy notice allowed for setting thresholds later. (A)</p> Signup and view all the answers

Flashcards

Duty to state reasons

ENISA must explain the reasons for rejecting an application.

Selection Criteria Standards

The level required to get top marks in selection criteria, based on qualifications.

Ombudsman's Decision

Recommendations or findings by the EU's investigative body addressing an administrative issue.

Binding Court Precedent

The legal precedent on previously decided cases by a court of law must be followed, Decisions cannot be disregarded by courts.

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Succinct Information

Brief and to the point, but sufficient information to understand the decision.

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Comparative Assessments

Evaluation of candidates based on their merits, considering all applications for the selection.

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Principle of Sound Administration

Correct, efficient and fair execution of tasks and responsibilities under EU institutions.

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Confidential Selection Committee Proceedings

Selection committee's process of deciding on candidates merits is kept confidential.

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Manifest Error of Assessment

A significant mistake made by the selection committee when evaluating a candidate's skills and qualifications.

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Applicant's Claim

The applicant argues that ENISA incorrectly assessed his skills based on discrepancies between his qualifications and the marks awarded.

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Selection Criteria

Specific skills and abilities required for a job or position, such as communication skills, problem-solving abilities, and organizational skills.

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Objective Inconsistency

A clear mismatch between the applicant's stated qualifications and the marks received for each selection criterion.

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Selection Committee's Role

A group of individuals tasked with evaluating candidates' qualifications and determining their suitability for a position.

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Applicant's Reply

The applicant's formal response to the selection committee, providing further details and arguments to support their claim.

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ENISA's Communication

The European Union Agency for Cybersecurity's approach to informing rejected candidates about their marks and results.

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Ombudsman's Intervention

The European Ombudsman's involvement in resolving a complaint regarding ENISA's selection process.

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ENISA's Selection Process

The process used by ENISA to choose the best candidate for a job, involving review of applications, interviews and tests.

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Selection Committee

A group of people responsible for evaluating candidates and recommending the best person for the job.

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Vacancy Notice

A document outlining the job requirements, selection process, and other important information.

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Shortlisted Candidates

Applicants who have passed the initial screening and are invited for further assessment.

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Admission Requirements

Specific criteria that candidates must meet to be considered for the selection process.

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Selection Interview

A face-to-face interaction between the candidate and the selection committee to assess their suitability for the job.

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Personality Test

A test designed to assess a candidate's character traits and behavioral tendencies.

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State of Progress

The current status or stage of the selection procedure.

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Selection Board Secrecy

The process of selecting staff needs to be confidential to protect the board's independence and ensure impartial decisions. This prevents external influence on the process.

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Adequate Reasons for Selection

When a candidate is not selected, they have a right to know why. This can be fulfilled by providing their scores in the selection tests.

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Balancing Secrecy and Transparency

A balance needs to be found between keeping selection board proceedings secret and providing enough information to candidates about why they were rejected.

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Reconciling Transparency with Secrecy

The requirement to explain decisions to applicants needs to be balanced against the need for secrecy in selection boards.

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Selection Board Decisions

Decisions made by selection boards, responsible for choosing candidates for positions, are subject to legal requirements.

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Selection Committee Proceedings

The process of a selection committee, similar to a selection board, is confidential but must still respect the right to know why a candidate was rejected.

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Member of the Temporary Staff

A person hired for a limited time, whose selection process is subject to the same confidentiality and transparency requirements as other staff.

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Applicant's Burden of Proof

The applicant must provide specific evidence to prove that ENISA made a significant mistake when assessing their skills.

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Personal Conviction vs. Evidence

An applicant's personal belief about their qualifications is not enough to prove ENISA made a mistake. They need actual evidence.

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Linguistic Criterion Evidence

Simply claiming to be good at a language isn't enough to prove ENISA's assessment was wrong. You need more.

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Complementary Information

Applicants must provide all relevant information to demonstrate their skills. They can't rely on later arguments.

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Candidate's Responsibility

It's the applicant's duty to provide enough information to the selection committee to prove their qualifications.

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Selection Committee's Decision

The selection committee decides on candidates' suitability based on their qualifications and the application process.

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Equal Treatment Principle

Ensuring all candidates are treated fairly and have equal opportunities in a selection process. No unfair advantage should be given to any applicant.

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Transparency Principle

The selection process must be clear and understandable to all candidates. The criteria used to evaluate candidates must be disclosed.

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Arbitrary Threshold

A point limit set by the selection committee without a clear, defined reason. This can be unfair to qualified candidates who may not meet the arbitrary threshold.

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Unlawful Threshold

A point limit set by the selection committee that goes against established rules or regulations. Violates the principles of equal treatment and transparency.

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Pre-Set Threshold

The required point limit should be made publicly available before candidates submit their applications. This ensures fairness and allows candidates to understand their chances before applying.

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Selection Procedure

The steps and process used to evaluate candidates and select the best person for a job. This may include application review, interviews, and assessments.

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Ombudsman's Role

Investigates complaints against EU institutions to ensure fair and impartial administration. The ombudsman can intervene if there are concerns about the selection process.

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Study Notes

Judgement of the General Court (Ninth Chamber)

  • Date: 8 May 2019
  • Case: T-99/18
  • Applicant: Grigorios Stamatopoulos
  • Defendant: European Union Agency for Network and Information Security (ENISA)
  • Dispute: Rejection of application for Head of Finance and Procurement position; compensation for alleged harm.

Background to the Dispute

  • ENISA Vacancy Notice: Published 31 March 2017; for temporary staff position (Head of Finance and Procurement).
  • Position: Grade AD9; 3-year renewable 5-year contract.
  • Vacancy Notice Criteria: Outlined eligibility and selection criteria for applicants.

Selection Criteria

  • High Scoring Criteria (5 points each):
    • 12+ years professional experience in finance, 6 in management.
    • Proven procurement/public procurement experience.
    • Very good knowledge of financial regulations and tools.
    • Excellent negotiation and problem-solving skills.
    • Strong communication skills (written and verbal).
    • Ability to work effectively with stakeholders.
    • Ability to manage people and conflicts.
    • Ability to meet deadlines.
  • Low Scoring Criteria (2 points each):
    • University degree in relevant fields.
    • Familiarity with the position in a European EU institution.

Selection Procedure

  • Selection Committee: Created by ENISA decision 31/2007 (May 17, 2017); Guidelines to committee members (May 31, 2017).
  • Application: Applicants include Mr. Grigorios Stamatopoulos (May 11, 2017).
  • Applicant Inquiry: Stamatopoulos inquired about procedure progress (June 14, 2017).
  • Interview Threshold: Selection committee set interview threshold of 70% (34.3 points out of 49).
  • Rejection of Applicant: On July 25, 2017, ENISA informed applicant of his decision (not selected to attend interview).
  • Complaint: Applicant lodged complaint (August 1, 2017); ENISA dismissed on November 9, 2017.
  • Applicant Score: Applicant's total score (32 points) was below threshold (34.3).
  • Selection Committee Process: ENISA conducted eligibility assessment; eight candidates selected for interview.

Procedure and Court Action

  • Action brought to Court: By document lodged at the Court Registry on February 19, 2018.
  • Procedure: Case heard without oral submissions; decided on basis of submitted documents.
  • Applicant Claim: Annulment of decision/rejection; damages (5,000€).
  • ENISA Response: Dismiss the applicant’s action/ claim; Order applicant to pay costs.

Judgement, Discussion and Conclusions

  • Court's Ruling: Dismiss the applicant's action.
  • Reasons for Dismissal: Applicant failed to prove sufficient grounds for the Court to overturn the selection decision. The selection, despite alleged errors of assessment, did not violate regulations.
  • Applicant's Argument: Case relies on insufficient reasoning (lack of explanation for points awarded to other candidates), failure to state reasons due to confidentiality, manifest errors in assessment.
  • Key Points:
    • Court upholds the discretion of the selection committee within the established criteria and rules.
    • Court emphasizes the need for specific evidence of manifest error.

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General Court Judgment (2019) - PDF

Description

Explore the intricacies of the Judgement of the General Court regarding case T-99/18, where Grigorios Stamatopoulos challenged the rejection of his application for the Head of Finance and Procurement position at ENISA. This quiz examines the criteria, background, and implications of the judgment.

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