# Council Decision (CFSP) 2016/1182 of 18 July 2016 concerning the Staff Regulations of the European Union Institute for Security Studies, Article 28

Extent: E+W+S+N.I.

1. Any person to whom these Staff Regulations apply may submit to the Director a request that the Director take a decision relating to that person in matters covered by these Staff Regulations. The Director shall notify the person concerned of his or her reasoned decision within two months from the date on which the request was made. If at the end of that period no reply to the request has been received, this shall be deemed to constitute an implied decision rejecting it, against which a complaint may be lodged in accordance with the following paragraphs.
2. Any person to whom these Staff Regulations apply may submit to the Director a complaint against a measure adversely affecting that person, either where the Director has taken a decision or where the Director has failed to adopt a measure prescribed by these Staff Regulations. The complaint must be lodged within three months. The period shall start to run:
on the date of publication of the act if it is a measure of a general nature;
on the date of the notification of the decision to the person concerned, but in no case later than the date on which the latter received such notification, if the measure affects a specified person; if, however, an act affecting a specified person also contains a complaint against another person, the period shall start to run in respect of that other person on the date on which that other person receives notification thereof but in no case later than the date of publication;
on the date of expiry of the period prescribed for reply where the complaint concerns an implied decision rejecting a request as provided for in paragraph 1.
3. The Director shall notify the person concerned of his or her reasoned decision within one month from the date on which the complaint was lodged. If at the end of that period no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it, against which an appeal may be lodged in accordance with paragraph 5.
In the event of a negative reply, the person may request mediation. Such mediation is not mandatory.
4. Mediation
The mediator shall be a qualified, independent legal expert appointed by the Director for a renewable period of three years.
The mediator shall be provided by the Director and the person concerned with all documents the mediator considers necessary for an examination of the case.
The mediator shall submit his or her conclusions within 15 days of the date on which the mediator was apprised of the case.
The mediator's conclusions shall not be binding on either the Director or the person concerned.
The costs of mediation shall be borne by the Institute if the conclusions are refuted by the Director; 50 % of the costs shall be borne by the person concerned if it is he or she who refuses to accept the conclusions.
5. Contentious appeals
Having exhausted the possibilities of the first resort (internal administrative appeal), the person concerned shall be at liberty to seek a settlement before the Institute's Appeals Board.
The composition, operation and specific procedures of that body are given in Annex X.
6. Decisions of the Appeals Board
(a) Decisions of the Appeals Board shall be binding on both parties. There shall be no appeal from them.
(b) The Board may annul or confirm the decision complained of.
(c) The Board may incidentally order the Institute to compensate any material damage sustained by the person concerned starting from the day the annulled decision began to have effect.
(d) It may further rule that the Institute shall reimburse, within limits to be fixed by the Board, justified expenses incurred by the claimant, as well as expenses relating to transport and subsistence incurred by witnesses who have been heard. Those expenses shall be calculated on the basis of Article 18 and Annex VII of these Staff Regulations.

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Source: https://www.legislation.gov.uk/eudn/2016/1182/annex/article/28 (the official version)
Page: https://openlegislation.uk/eu-decision-2016-1182/annex/article-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.