Strasbourg, 15/01/2001 (Agence Europe) - European Ombudsman Jacob Soederman has asked the European Commission to respect the freedom of expression of its officials in the context of the drawing up of a guide containing instructions for the . He has announced that he was considering initiating an enquiry into the respect of this freedom within the institution, in the light of the Charter of Fundamental Rights.
This initiative by the Ombudsman comes within the context of dealing with a complaint sent to him by Mr. van Buietenen following his transfer from the Directorate General "Financial Control" to the DG "Personnel and Administration" and threat of prosecution against him due to the publication of a book on his experience within the Commission. In this case, the Ombudsman has not detected cases of mal-administration on the part of the Commission which has respected the rules currently in force. Regarding the reprimand, the Commission acted in compliance with the Statute of officials, and Mr. van Buitenen has, since then, been appointed to a post for which he applied.
This case does, however, again raise the question of the freedom of expression of European officials. Mr. Soederman already referred to his concerns on this following a complaint he received in 1996. He recalls that Article 11 of the Charter of Fundamental Rights provides for what follows: "Everyone has freedom of expression. This right comprises freedom of opinion and the freedom to receive or send information or ideas without interference from the pubic authorities and without border considerations". The Ombudsman wants to ensure that this right becomes a reality for European officials. In November 2000, the European Commission published two internal consultative papers concerning, respectively, disciplinary procedures and the reporting of serious malfunctioning. The final version of these papers, which are part of Mr. Kinnock's reforms, should be approved in the course of the year.