Avrupa Birliği'nde memurların ve statü?lerinin özellikleri

In this study, the Statut of staff working at European Union Organization and its properties are being examined. We started to study first by explaining the properties of the Statut. Before explaining the properties of the Statut, we examined its historical progress as we considered that the Statut would be deficient without examining its background and historical form.European Communities employed first officials by contract and then there was no Statut. Firstly, a personal regime was tried to be formed with the Statut whom CECA accepted in 1956. Statut was accepted by CEE and CEEA in 1961. By the way CECA accepted a Statut which was not published by the official gazette and these three Statut have been in force since 5 March 1968, when European Communities earned its first associated Statut.Since 1990?s, there have been wishes of changing and developing this Statut. In fact, there were wishes for reform even in years of 1970?s but real serious and intensive wishes were ones in the years of 1990?s. But why were officials wishing to change their Statut. In fact, these wishes had a large background. Economical crisis in 1970?s, fall of Berlin wall and dismantling of SSCB in 1980?s with arise of new nations, technological developments, other economical and social changes all led to the increase of reform in Statut. Officials have wanted better working conditions, raise of salaries, amendments about women workers etc.One of the forming subjects of our thesis is that services have special structure. Here in the first place, this special structure is being preferred; officials struggling for forming their Statut and guiding to law makers. However in national public services, officials have only duty of applying laws that are made by low makers.As a result of increasing reform demands after 1990?s, the New Statut has been accepted in the beginning of 2000?s. But for taking force of this Statut, ten nations were waited to join to EU. So what are properties of this new Statut? New Statut puts the working conditions of officials in order, determine rights of officials while officials and organizations have disagreement, order new systems about permission up to how to be on leave on plural pregnancy.The order part which forms the other problematic of our thesis is the hybrid being of public service of Community. Here hybrid means that this service is a mixture of national and international public services. There are lots of examples proving our thesis and we also examine them in this thesis. For example community law was taken from French system and we witnessed that German, Belgian, Italian and French systems are effective about employment and making career. Also we put forward that community officials have international status, so they benefit from international public service as tried to prove with our examples. We witness the sui generis structure of public service also in these properties, officials are able to reach their files, existence of a position called dispensability, the conditions to dismiss and existence of right to express. For officials, in the New Statut, EU placed a position called dispensability. With this, if an organization decides to decrease the number of officials, the organization is not able to dismiss the official at first. The officials continue to benefit from their right for five years. In these five years, if the organization needs employment these officials are being able to return and officials who don?t want to return takes indemnity and then leave. This state makes the officials trust more to organization and also strengthen the freedom of official from other nations and on the other side, hardening of conditions to dismiss the officials increases the work guarantee.In the second part of our study we compared the community public service with other national and international systems about official career systems and their rights and duties. We also paid attention to its hybrid properties and special properties and its difference from international systems and we tried to define the EU?s place and properties that make it privileged in the international system.The result is that the EU officials and their Statut were affected from former nations of the EU and international organizations. The EU has a special system and with this property it is separated from others (sui generis).