The European Ombudsman, various NGOs and members of the Greens/EFA group feel that the proposals of the European Commission to tighten up the rules of the code of conduct for Commissioners lack ambition, in particular following the scandal of the recruitment of its former President, Jose Manuel Barroso, by the merchant bank Goldman Sachs (see EUROPE 11674).
The European Ombudsman, Emily O'Reilly, welcomed the Commission's proposals to reinforce the code of conduct of the Commissioners and will "continue to monitor the situation, having recently suggested further ways of strengthening the code". Jean-Claude Juncker proposed extending the withdrawal period (during which, having left their jobs, Commissioners may not take on important roles in businesses), which is 18 months at the moment, to two years for former Commissioners and three years for former Presidents of the Commission.
O'Reilly, however, feels that this extension of the withdrawal period will not prevent former Commissioners from taking up roles in the private sector which may pose ethical issues. This extension will reduce the likelihood that the appointment breaches the obligation to act with discretion and integrity, but will not eliminate it altogether, the Ombudsman stressed. She went on to call for administrative sanctions in the event of any breaches to the ethical rules.
Greens say 'no' to more flexible rules for Commissioners during election campaign
The proposals came in for criticism from the Green/EFA group at the European Parliament. The Parliament is consulted on proposals to reinforce the code of conduct. Benedek Javor (Greens/EFA, Hungary) would have liked to see all Commissioners (rather than just the President of the Commission) subjected to a cooling-off period of three years rather than 18 months. In any case, the compensation received by former members of the Commission is paid for three years, according to the logic of the Greens. The Commission's response to the recent scandals has been "poor, slow and selective", the group regrets. It is calling for stricter rules, with fines in the event that the ethical rules are infringed.
As regards the framework agreement on relations between the Commission and Parliament, the group would like to include changes to avoid "secure reading rooms" blocking the free consultation of documents which may be of public interest regarding, for instance, the TTIP (transatlantic trade and investment partnership), CO2 emissions from cars or scandals in the field of taxation.
Lastly, the Greens are opposed to the proposal that allows Commissioners to stand in European elections without having to step down from their positions. "They already have the option to take unpaid electoral leave", Javor pointed out.
Juncker has proposed to update the 2010 framework agreement on relations between the European Parliament and the European Commission, to allow Commissioners to stand for the European elections without having to resign from their positions.
A revision of the composition of the ad hoc ethical committee?
According to the organisation Alter-EU, plans to extend the withdrawal period will not prevent new scandals. President Juncker "is apparently still reluctant to recognise the full extent of the Commission's ethics problem", Alter-EU stresses. The organisation would have liked to see the creation of a more professional ad hoc ethical committee, made up of fully independent members and with powers to investigate and issue sanctions. It anticipates new 'revolving door' scandals in the future, such as in the cases of Barroso or former Commissioners Neelie Kroes and Karel de Gucht. It also notes that the Commission is still studying the opinion of the ad hoc committee, which has made no objections to Barroso's appointment with Goldman Sachs. O'Reilly is also examining the role of the Commission's ad hoc ethical committee and whether its functioning needs to be improved.
Transparency International EU welcomed the proposal to extend the withdrawal period. "This represents a step in the right direction after the recent controversies relating to former Commissioners Kroes and Ferrero-Waldner, as well as former President Barroso, but does not go far enough", a press release reads. Transparency International EU is also calling for a three-year withdrawal period and a tightening-up of the provisions in order to ensure the independence of the ad hoc ethical committee. (Original version in French by Lionel Changeur)