PRACTICAL ADVICE: Submitting a request for assistance under the formal procedure in a harassment situation

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John Villiers

USHU knows that harassment in EU Delegations is structurally more complex because the unique workplace brings together different categories of expatriates and locally employed staff, operating under different contractual and legal frameworks, often within small teams and with significant hierarchical and cultural power dynamics.

Effective prevention and confrontation of harassment therefore require not only a clear EU-wide policy, but also accessible reporting channels, strong confidentiality safeguards, protection against retaliation, appropriate support for victims and witnesses, and procedures that are genuinely accessible to all categories of staff serving in EU Delegations

Unfortunately, harassment remains a serious issue in EU Delegations as noted in recent reports by the EEAS mediator (see the Mediator’s Annual Report: here) and the Investigation and Disciplinary Office of the Commission (see the Activity Report: here). Harassment is a serious matter which can affect your mental and physical health.

 In an harassment situation, it is critical to act. One option is to submit a request for assistance to open the formal procedure under the respective decision which applies to you.  The purpose of this article is to provide practical advice on preparing a request for assistance.

About the formal procedure

The formal procedure seeks to establish the facts if harassment has taken place.  If harassment is found to have occurred, then there is a possibility of sanctions for the harasser.  This process can be beneficial to victims and has been recognized by the court:

A finding by the administration that psychological harassment has occurred is in itself, likely to have a beneficial effect in the therapeutic process of recovery of an individual who has been harassed (see Case F-95/09 -  here).

To open the formal procedure, a colleague must submit a request for assistance under the relevant harassment decision. For EU Delegation staff, three harassment decisions exist: 

·      Expat EEAS staff - Commission decision 1624/3 of 26 April 2006 on the European Commission policy on protecting the dignity of the person and preventing psychological harassment and sexual harassment, adopted by the EEAS in 2011 (Link to the decision: here. While repealed, this decision is still applied by the EEAS who adopted it in 2011. The EEAS decision is currently being reviewed).

·      Expat Commission staff - C(2023) 8630 Commission Decision 12.12.2023 on the prevention of and fight against psychological and sexual harassment, and repealing Decision C(2006) 1624/3 (Link to the decision: here)

·      Local agents (EEAS and Commission) - Decision of the Director-General for Resource Management of the European External Action Service of 19/06/2024 on the prevention of and fight against psychological and sexual harassment for local staff in Union Delegations (Link to the decision: here)

The Administration only opens an administrative inquiry into your case if you provide prima facie evidence. In the Commission decision C(2023) 8630 this is defined as follows:

“‘prima facie evidence of harassment’ means the establishment of factual elements indicating the possible existence of a case of harassment.”

This definition clearly means that one should not need to provide full evidence but just certain facts that indicate that there could be harassment. Unfortunately, in practice, most requests for assistance are rejected.  For example, between 2021-2024, the Commission Administration dismissed 85% of the cases (for an alleged lack of prima facie evidence) without even opening an administrative inquiry (Written questions to the Commission with replies – Commissioner Serafin, p.- 67/68, here). Therefore, (regardless of which decision applies to you) it is important to collect as much evidence as possible as soon as the harassment occurs.  One way is to keep a diary where you describe harassing acts – this will help you draft the request for assistance.

Advice prior to submitting the request for assistance

Read and study the decision which applies to you and the specific articles on the formal procedure. Also, study the relevant intranet sites for further information on the procedures (For EEAS staff see here, For Commission expat staff, see here). For local agents, there is a practical guide, here.

It is advisable to seek the advice of colleagues who have been through the process.  This can include USHU members who are available to assist you. In addition, there is the Harassment Watch Network which is an active network of Commission colleagues who have years of collective experience of the informal and formal procedures. If you are interested to contact the network, please feel to contact us and we will provide you the contact details. You can also engage the services of a lawyer who can analyse your draft request and submit it on your behalf.

Preparing the request for assistance

A suggested approach could be as follows:

1.    Complete cover form if required (EEAS and Commission each provide a cover form for expat staff). 

2.    Draft a cover note summarising the harassment situation, 2 pages maximum.

3.    Describe situations you consider to be harassment and attach as much evidence as possible (emails, testimonies from witnesses etc.)  This can be drafted as follows:

INCIDENT 1

Date: INSERT DATE (or approximate date)

Circumstances:  FACTUAL DESCRIPTION OF THE INCIDENT INCLUDING LOCATION

Evidence: PROVIDE EVIDENCE IN ANNEX (IF ANY) SUCH AS EMAILS, SCREENSHOTS OF WHATSAPP ETC

Witness: LIST POTENTIAL WITNESS (IF ANY)

Personal reaction: DESCRIBE HOW YOU FELT DURING AND AFTER

INCIDENT 2

Date:

…

Continue to add incidents until complete.

As regards what types of incidents, this can be shouting, slamming doors or using bad language (EEAS. Anti-harassment policy, here). Feedback in front of others could also be considered harassment, in particular very harsh feedback that is offensive and humiliating. Other examples are inter alia: belittling achievements, isolating or undermining someone, hostile or inappropriate comments, stalking, threats.  Add all which you consider relevant. 

For this section, it is important to include all incidents to have as complete a file as possible as they may affect the trajectory of the investigation if an administrative inquiry is opened.  You can also submit additional information later. 

4.    Consider asking for feedback from a trusted source. 

5.    Once finalised, send to the relevant mailbox. 

Following submission, according to the relevant decision, the administration must respond in a certain time frame.  The result may be opening of an administrative inquiry or rejection.  If an administrative procedure is opened, the process could last for up to several years.

It is an unfortunate reality that most requests for assistances are rejected.  At the same time, it is your right to request assistance and, as noted in some IDOC annual reports, certain cases are proven with sanctions against harassers.  Whatever the context for your own situation, the formal procedure should be actively considered in a harassment situation.  USHU is available to advise and assist you. 

          Thanks to Georg Ziegler of the Harassment Watch Network for providing inputs.