The Court of First Instance confirms the Commission Decision dismissing an official for having published a work which undermined the dignity of his post and the interests of the institution.
Mr Connolly, a senior Commission official responsible for a unit at the Directorate of Monetary Affairs, published a book entitled: "The Rotten Heart of Europe. The Dirty War for Europe's Money", during a period of leave which was granted in June 1995 for "personal reasons".
Following his reinstatement at the Commission department in October 1995, Mr Connolly was the subject of disciplinary proceedings for the violation of the statutory obligations which are imposed on Community officials. Mr Connolly had not requested the necessary authorization to publish his work, the content of which, according to the Commission, was detrimental to his participation in the implementation of the Economic and Monetary Union as well as the image and reputation of the institution. Furthermore, it was considered that the overall behaviour of Mr Connolly had undermined the authority of his post.
On 16 January 1996, Mr Connolly was dismissed (without removal or reduction of his pension entitlement) following the opinion of the Disciplinary Board.
Mr Connolly brought an action to the Court of First Instance on 18 October 1996 seeking the annulment of the opinion of the Disciplinary Board and the decision concerning his dismissal.
In its analysis, the Court has to pronounce on various aspects of the Statute and in particular its compatibility with an official's freedom of expression.
The Court firstly confirms the statutory impossibility for officials to accept remunerations from sources external to their institution without prior authorization. This prohibition is justified by the need to guarantee both their independence and loyalty.
Secondly, the Court states that freedom of expression, which is also guaranteed by the European Convention for the Protection of Human Rights, is a fundamental principle of Community law which must also apply to officials. The statutory provisions requiring an official to abstain from any measure, and in particular any public expression which could undermine the dignity of his post does not disregard the fundamental principle of freedom of expression. The Court refers to the objectives, namely the safeguarding of a dignified image which must be conform with the behaviour expected of a representative of the servants of the Community, and the preservation of the official's loyalty to the institution for whom he works, particularly in officials of higher authority.
The fact that Mr Connolly had published his book during a period of leave for personal reasons did not excuse him from the respect of the dignity of his post nor the obligation of loyalty. Indeed, the link between the official and his employer is not broken during such leave; the former retains his status.
Furthermore, the need to obtain prior authorization for a publication, which is required only when the text in question is related to the activity of the Communities (including during periods of leave for personal reasons) does not undermine the official's freedom of expression. The Court underlines that a refusal of publication can only be opposed in exceptional circumstances, and under the judges' Community control when the interests of the Communities are in question. Moreover, the absence alone of prior authorization does not necessarily lead to dismissal; the decision concerning Mr Connolly was primarily related to his behaviour, the controversial nature of his book and the nature of certain remarks which were considered to have undermined the reputation of several persons.
The Court, whilst taking into account the seriousness of the complaints, dismisses the application of Mr Connolly.
N.B. Appeals against these judgments of the Court of First Instance, limited to issues of law, may be brought before the Court of Justice within two months of notification.
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For further information, please contact Fionnuala Connolly (tel. (00352) 4303 3355; fax: (00352) 4303 2500).