The Barroso affair resurfaces. The European ombudsman slams the Commission for lack of ethics
(B2) European Union Ombudsman Emily O'Reilly has weighed in on the Barroso case. In recommendation published on March 15, it recommended that the Commission's Ethics Committee re-examine " the question of professional activity of the former President of the Commission, Mr Barroso, within the Goldman Sachs bank, "in order to verify its compatibility with the obligations established by the Treaty". It thus inflicts a singular disavowal on the President of the Commission Jean-Claude Juncker who considered that all legality had been respected.
The cause of the mediator's wrath is the meeting of the former President of the Commission with a vice-president of the current European executive, the Finn Jirki Katainen, last October, a meeting surrounded by statements that are contradictory to say the least (read: Goldman Sachs. Barroso violates his commitments not to lobby). Seized of three complaints (1), the mediator opened an investigation in February 2017.
A lobbying affair
For Ms O'Reilly, the initial assessment of the Ethics Committee was based on Mr Barroso's commitment not to lobby the Commission. But “this was called into question by [the] meeting between Mr Barroso and Commission Vice-President Jyrki Katainen. This meeting " was recorded as a meeting with Goldman Sachs bank » and must therefore be « considered a meeting for lobbying purposes ". Mr Barroso and the vice-president later said that the meeting “ was a private and personal interview (NB: a point of view which can be discussed, this meeting having taken place during office hours. The Ombudsman also asked the Commission to consider requiring that its former president refrain from putting pressure on the Commission for a number of additional years".
An obligation of trust
« Submitting this issue again to the Ethics Committee would demonstrate that the Commission has taken very seriously the concerns of public opinion about this case and the damage caused to the image of the European institutions - despite the hard work and the ethical behavior of the vast majority of people who work there “says Ms. O'Reilly. " Former Commissioners have the right to hold office but, as former civil servants, they must also ensure that their actions do not undermine citizens' trust in the EU”.
Public concerns
Mr. Barroso's new position has caused " serious concerns in public opinion, which should at least have raised concerns within the Commission as to compliance with the duty of discretion underlines the mediator, a former Irish journalist. " Much of the negativity recently felt around this issue could have been avoided had the Commission, at the time, taken a formal decision regarding Mr Barroso's employment at Goldman Sachs. This could have included, at least requiring, the former president to refrain from lobbying the Commission on behalf of the Bank ».
Systemic problems within the ethics committee
The Ombudsman's inquiry also revealed " systemic issues about how the Commission handles such cases and the role of the ethics committee. Although the new code of conduct - in force since February 1, 2018 - contains " some positive changes according to the Ombudsman, it needs to be further strengthened. Ms. O'Reilly thus proposes three reforms: the enlargement of the ethics committee; the power to act on its own initiative; the extension of the period, during which former Commissioners must notify the Commission of any new post they occupy, by several years.
(Nicolas Gros-Verheyde)
Read the recommendation here
(1) Three complaints arrived on the Ombudsman's desk: a group of former and current EU staff, two law professors and a civil society group.
