Amending budget 7/2005: section IV Court of Justice, establishment of the Civil Service Tribunal

PURPOSE: Presentation of the Preliminary Draft Budget for the Financial Year 2005 (Section IV – Court of Justice)

CONTENT: In 2004, the Council established a Civil Service Tribunal, or the ‘CST’, which is made up of seven judges. Requests for the creation of posts and operating appropriations necessary for the setting up of the new Tribunal had been incorporated in the Court of Justice’s preliminary draft budget for 2006. The Tribunal was established on the assumption that it would not take up its duties until the beginning of 2006. When drawing up suitable candidates to work on the Tribunal, the Council appointed seven judges in July 2005 with the intention that they would begin work as of 1 October 2005. Given that the Tribunal will begin work three months earlier than foreseen a request must now be made to amend the 2005 budget.

Thus the purpose of this amendment is to first and foremost allow for the creation of 26 new posts deemed necessary for the proper functioning of the CST. The 26 posts being created includes staff for the Judges, such as a legal secretary, an assistant attached to each Judge, a reader of judgments and an assistant to work in the President’s cabinet. It also includes staff directly attached to the Registry. The posts in question refer only to staff working directly with the Judges and staff for the registry. (Specifically speaking that translates into 16 temporary staff, employed at grade 2 A*14, 2 A*12, 3 A*11, 1 A*10, 1 B*5 et 7 B*3 and 10 permanent staff employed at grade 1 A*5, 5 B*3 et 4 C*1).  For the rest, the CST is expected to use the various services of the Court of Justice – as in interpreters, translators etc.

Concerning the question of appropriations, the amending draft budget covers the wages for the seven new Judges of the Tribunal, its Registrar and the 26 new posts outlined above. The appropriations required for that purpose are entered under various headings in Chapters 10 and 11.

It should be noted that no extra burden will be placed on the Community budget given that any new provisions must be ‘self-financed’ by using the funds available in the two Chapters concerned. Funds have become available, thanks in part, to the lower costs for retirement pensions and expenditure provided for in respect of the renewal of the members and because new posts have been filled less swiftly than had previously been provided for.

Finally, from October 2005 until the end of the year, the Court’s administration plans to secure the functioning of the Tribunal by using the budgetary resources available. As such, the budgetary authority has already been informed in connection with the budgetary procedure for 2006 that the CST will not be renting its new accommodation until January 2006. That is why the amending budget contains no request for appropriations to reinforce Title II of the budget.