Brussels, 12/07/2016 (Agence Europe) - On Tuesday 12 July, the European Ombudsman, Emily O'Reilly, called on the European Commission to tighten up the rules on positions that presidents of the Commission and former Commissioners may occupy once they have left the institution, after the controversy provoked by the appointment of José Manuel Barroso as non-executive chairman of Goldman Sachs International (EUROPE 11591).
The Ombudsman asks whether the rules are “sufficient to protect the public interest”. “Former Commissioners technically need to notify the Commission only if they plan to engage in an occupation within 18 months after their term of office so that potential conflicts of interest can be accessed. But technical adherence to rules drawn up and implemented by the Commission itself may or may not fully conform to Treaty Article 245, which (…) makes no reference to a timescale in this regard”, O'Reilly said. This article stipulates that members of the Commission must, “for the term of their office and afterwards”, comply with the obligations stemming from their position of responsibility, particularly the duties of honesty and discretion in accepting certain positions or advantages after leaving this position. In the event of any breach of these obligations, the Court of Justice, to which such matters may be referred by the Council deciding by simple majority, or by the Commission, may, depending on the case, require the individual to step down under the conditions of Article 247, or decree the pension rights or other advantages of the person in question forfeit.
O'Reilly stresses that any suggestion that the spirit of the law is being ignored risks undermining public trust in the EU and undermining the positive steps the Commission has taken so far on ethical issues. “The EU treaty states that former Commissioners should behave with integrity and discretion when it comes to certain appointments or benefits. Just as citizens expect the highest standards when it comes to the conduct of public officials, they need clarity on what precisely this means in practice”, the Ombudsman concluded. She has already called upon the Commission to revise the Code of Conduct and to provide for sanctions in the event of any violations of this Code.
Officials' union U4U appalled at Barroso revolving doors.
In an open letter to the College of Commissioners on 9 July, the EU civil servants' trade union U4U says it is appalled to learn about this controversy.
U4U argues that this appointment raises ethical questions. “The appointment can only fuel the Europhobic propaganda of all populists and extremists which claims that European integration serves only the interests of finance”, the open letter says. This is not just an everyday conflict of interests, U4U says, but something that could “make European construction even less popular and discredit out institution”. It would be particularly inappropriate, the union says, for the former president of the European Commission to be able to intervene on behalf of his new employers in matters referring to banking union, banking supervision, financial and taxation issues, and the “single passport”, which, “against the backdrop of Brexit, must be of great concern to Goldman Sachs”.
U4U wants to know whether Barroso consulted the College before accepting this post and whether the ad hoc ethics committee delivered a prior opinion. The Commission has already said that, once a period of 18 months has elapsed since the end of their term of office, former members of the Commission are no longer required to give any notice of appointments. Even after this period, former commissioners are nonetheless bound by a duty of discretion, integrity and professional confidentiality, under the terms of Article 245, paragraph 2 and Article 339n of the Treaty. (Original version in French by Lionel Changeur)