§ Mr. HancockTo ask the Minister for the Cabinet Office if he will make a statement on the criteria used to assign posts classified as reserved within the Civil Service. [72648]
§ Mr. KilfoyleArticle 48 of the EC Treaty is concerned with the free movement of workers between Member States, but it contains a derogation in Article 48(4) which permits Member States to reserve to their own nationals posts which constitute
employment in the public service".The termemployment in the public servicehas been interpreted by the European Court as meaning posts which involve direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities.These criteria are applied on a case-by-case basis in determining whether a particular post in the civil service is reserved to a UK national.