Procedure completed
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Legal Basis EC before Amsterdam E 024, RoP 050-p1
Activites
- 1998/12/03 Final act published in Official Journal
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1998/11/27
End of procedure in Parliament
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1998/11/27
Act adopted by Council after consultation of Parliament
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1998/09/16
Decision by Parliament, 1st reading/single reading
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T4-0478/1998
summary
The European Parliament adopted the proposal for a Regulation amending the status of officials (procedure without report).�
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T4-0478/1998
summary
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1998/09/14
Committee referral announced in Parliament, 1st reading/single reading
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1998/09/03
Vote in committee, 1st reading/single reading
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1998/07/08
Legislative proposal published
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COM(1998)0421
summary
OBJECTIVE: to set at 100 the weighting to be applied to the pensions of Community officials living outside the EU in order to remedy the conflict of norms highlighted by the Court of First Instance ruling of 14 December 1995 in Case T-285/94. SUBSTANCE: pursuant to Council Regulation (ECSC/EEC/Euratom) 2175/88, a weighting of 100 is applied to payments made under the Community pension scheme and allowances paid pursuant to Article 50 of the Staff Regulations to recipients who have established their residence in a non-member country, and to family allowances paid for dependent children of officials and former officials or to other persons residing in a non-member country. In its judgment of 14 December 1995 in Case T- 285/94, the Court of First Instance found that Article 3 of the above regulation was unlawful because it conflicted with the provisions of the Staff Regulations, which provide that pensions are weighted at the rate fixed for the country where the recipient resides, whether inside or outside the Communities. By virtue of the principle of the hierarchy of norms, the Court ruled that a regulation such as the one under review (adopted without following the procedure laid down for the revision of the Staff Regulations) could not amend a specific provision of the Staff Regulations. It was therefore necessary to remedy the conflict of norms highlighted by the Court. Since the situation of former officials differs from that of serving staff, in particular with regard to the choice of place of residence, there are grounds for maintaining the distinction introduced by Regulation 2175/88 limiting the application of weightings exclusively to the remuneration of staff serving in non-member countries. This proposal therefore aims to make these various changes to the Staff Regulations by applying the procedure laid down for the purpose. �
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COM(1998)0421
summary
Documents
- Legislative proposal published: COM(1998)0421
- Decision by Parliament, 1st reading/single reading: T4-0478/1998
- : Regulation 1998/2594
- : OJ L 325 03.12.1998, p. 0001
History
(these mark the time of scraping, not the official date of the change)
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