Contents
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209(2) and Article 212, in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:
(1)The Agreement establishing the EU-LAC International Foundationnote (the ‘Agreement’) was concluded by the Union by Council Decision (EU) 2019/593note and entered into force on 17 May 2019.
(2)Pursuant to Article 11(d) of the Agreement, the Board of Governors of the EU-LAC International Foundation (the ‘Board of Governors’) may adopt staff regulations on the basis of a proposal of the Executive Director.
(3)The Board of Governors, following its 10th Ordinary Meeting on 24 May 2024, is to adopt the Staff Regulations of the EU-LAC International Foundation (the ‘Staff Regulations’) by written procedure.
(4)The Staff Regulations will govern the employment conditions and define the rights and obligations of the staff working for the EU-LAC International Foundation, which is legally represented by the Executive Director.
(5)It is appropriate to establish the position to be taken on the Union’s behalf within the Board of Governors, as the adoption of the Staff Regulations requires the consent of the members of the EU-LAC International Foundation.
(6)The position of the Union within the Board of Governors as regards the Staff Regulations should therefore be based on the draft act of the Board of Governors attached to this Decision,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be taken on the Union’s behalf, by written procedure, within the Board of Governors of the EU-LAC International Foundation (the ‘Board of Governors’) regarding the Staff Regulations of the EU-LAC International Foundation shall be based on the draft act of the Board of Governors attached to this Decision.
Annex 1 · Dispute Resolution Mechanism of the EU-LAC International Foundation
This Mechanism has two instances: the Internal instance and – if needed – an External instance.
1. INTERNAL INSTANCE: the procedures before the internal Resolution Board
1.1All parties involved in any disputes and/or disagreements in connection with the employment relationship shall work to solve them by amicable resolution within a reasonably expeditious time, whenever possible.
1.10Any formal complaint not submitted within the specified time limit shall be rejected as being out of time, save for exceptional cases where, for duly substantiated reasons, it may be declared admissible. The failure to abide by the time limits shall result from reasons beyond the control of the Staff member complainant, and the length of the delay shall be reasonable having regard to the circumstances of the case.
1.11All time limits in these Regulations are expressed in calendar days and shall run from the day following the day on which the relevant event occurred and shall expire at midnight (Hamburg, Germany time) on the last day of the time limit. Calculation of time limit shall include Saturdays, Sundays and public holidays. Where the last day of a time-limit is a Saturday, Sunday or a public holiday or non-working day in the Foundation’s headquarters, the time-limit shall expire on the next working day.
1.12The complaints procedure set up by § 1 and the appeals procedure set forth under § 2 shall be open subsequently, i.e., the latter only after the former has been completely exhausted (but without prejudice of § 1.9), on the same conditions, mutatis mutandis, to:
(a)former staff members;
(b)the legal beneficiaries of staff members; and
(c)candidates who have applied for a position in the Foundation through a selection procedure, provided the complaint relates to an irregularity in the selection procedure.
1.2If an amicable resolution is not reached, a staff member aggrieved by a management decision (including implicit decisionsnote) regarding the employment relationship between the staff member and the Foundation, provided that he/she has a direct and existing interest that has been adversely affected, may submit a complaint against it, requesting the same to be reconsidered, reviewed, amended or revoked, totally or partially. The staff member shall address its complaint in a letter to the Resolution Board, unless the management review or act is being challenged by one of the members of the Resolution Board, in which case he or she can directly file an appeal pursuant to § 2 below. The complaint shall be made in writing, in English, and lodged to the Executive Director, who shall acknowledge receipt of the complaint, stating the date of receipt in a copy of the complaint to be returned to the staff member.
1.3The Resolution Board shall be composed of three persons: the Executive Director, the Finance and Administration Director, and the staff member who at that time is the most senior staff member. The Resolution Board shall adopt its decisions in a simplified manner, without the need for special meetings. In adopting its decisions, the Resolution Board may, but shall not be obliged to, seek the opinion of advisors of the Foundation related to the subject matter in dispute (e.g., legal, labour, accounting, tax); the Resolution Board shall not be obliged to justify its decision not to have done so or, if done, to provide evidence of the opinion sought.
1.4A complaint may only be based on a grievance caused to the Staff member by a breach of the relevant employment agreement, these Regulations or otherwise to rules governing the employment relationship between the Staff member and the Foundation.
1.5The complaint shall be signed by the complainant and describe with sufficient detail his/her identifying information, the management review outcome or decision that is being complained against, the object of the complaint, the grounds of the complaint as well as having enclosed any written or other evidence that the complainant deems relevant to this effect. If necessary, the Resolution Board may request the complainant to clarify and/or complement his/her complaint within a short period of time, failing which the complaint shall be considered inadmissible. The acknowledgement of receipt of the complaint set forth in § 1.2 marking the beginning of the period set forth in § 1.7 shall occur as soon as the Resolution Board has received to its satisfaction a complaint that fully meets the requirements set forth hereunder.
1.6The complaint shall be made within 21 consecutive days from:
(a)the date of notification of the management decision (or in case of implicit decisions, as from expiration of the term set forth under § 1.2 above) or management act to the person concerned, in the case of an individual management act;
(b)the date of publication of the management act concerned, in the case of a general management act; or
(c)the date on which the complainant has knowledge (duly evidenced) of a management act, if the act has neither been published nor notified.
1.7The Resolution Board shall give a reasoned, written decision on the complaint as soon as possible and not later than 21 calendar days from the date of the receipt of the complaint pursuant to § 2.1 in connection with § 2.3, and shall notify the complainant accordingly. Should the Resolution Board, as it may correspond, fail to decide on the complaint within that period, it shall be deemed that the complaint has been implicitly rejected.
1.8The filing of a complaint shall not suspend the effect of the management act being contested. The Resolution Board, as it may correspond, may however, in its sole discretion, decide to order a (total or partial) suspension of the management act, if the circumstances and the proper functioning of the service so require.
1.9A decision to impose a disciplinary sanction is not subject to a complaints procedure but such decision may instead be directly subject to the appeals procedure before the German-based ‘Deutsche Institution für Schiedsgerichtsbarkeit’ (hereinafter ‘DIS’) according to § 2. See for reference: https://www.disarb.org/.
2. Appeals procedure before the dis
2.1The decision on the complaint procedure adopted by the Resolution Board, as it may correspond, may be appealed to the DIS, in accordance with its valid rules and provisions at each point in time.
2.2An appeal may also be filed directly before the DIS in the cases regulated under § 1.2 and § 1.9 above, and also by the Executive Director on behalf of the Foundation against a Staff member that has breached any of his/her obligations and duties.
2.3The DIS’s judgments shall be final and binding on the parties.
2.4While an appeal is pending, the Executive Director shall refrain from taking any further measure in respect of the staff member.
2.5Lodging an appeal shall not suspend the contested management decision; § 1.8 shall apply. However, the Staff member may file a request with the DIS to suspend the implementation of a contested management decision (request for a stay of execution) in cases of particular urgency where the implementation of the management decision would cause serious and irreparable damage to the Staff member.
2.6In exceptional cases, the Executive Director may, in the interest of the Foundation and within the limits of the available budget, conclude a mutually agreed settlement to end a dispute brought before the DIS on the condition that the Staff member renounces all future action, claims, and demands in respect of that dispute.
2.7If the Executive Director considers that the execution of an annulment decision is likely to create serious internal difficulties for the EU-LAC Foundation, he or she shall inform the DIS to that effect by providing a reasoned opinion. If the DIS considers the reasons given by the Executive Director to be valid, it shall then fix the sum to be paid to the appellant by way of compensation.
2.8Pursuant to the terms of its own Statute and Rules of Procedure the DIS shall also be competent to decide on requests for rectification, interpretation, revision, and execution filed by the parties in connection with an appeal procedure.
Annex 2
Current per diem rates published by the European Commission (last update 25 July 2022): https://www.eeas.europa.eu/sites/default/files/documents/2024/Annexe%20M%20Current%20per%20diem%20rates.pdf
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.