Ethics committee opinions on commissioners’ intended new jobs should be made public, says Ombudsman

The European Ombudsman has suggested the European Commission make public all future opinions adopted by the independent ethics committee concerning former commissioners’ post-mandate jobs.

Former commissioners are required to give the Commission two months’ notice when they intend to pursue a professional activity during the two years following their departure. The Commission then examines whether the intended activity is compatible with the commissioner’s post service obligations. If the activity is related to the former commissioner’s portfolio, the Commission consults with the Independent Ethical Committee before taking a decision.

Under the Commission’s current practices, if a commissioner withdraws an approval request following a negative opinion from the ethics committee, the Commission does not publish the committee’s opinion.

The Ombudsman noted that publishing these opinions would improve transparency and public scrutiny around the Commission’s ability to ensure former commissioners’ post mandate activities are compatible with their duties. At a minimum, the Commission should publish statistics on the negative opinions of the ethics committee and on the approval requests it receives from former commissioners.

Given that current commissioners will be leaving office soon, the Ombudsman stressed the importance of ensuring public trust in the Commission’s ethics framework and its implementation.

Code of Conduct

The Ombudsman’s suggestion follows a letter she sent to the Commission asking how it intends to ensure compliance with ethics and post-mandate employment rules for outgoing commissioners.

As part of its response, the Commission mentioned that its Secretary-General had written to current commissioners about their post-mandate obligations, cautioning them in particular against exploratory contacts with possible future employers while still in office.

The Ombudsman welcomed this development but suggested the Commission also update the Commissioners’ Code of Conduct to include its approach to exploratory contacts. (source:ombusdsman.europa.eu/photo freepik.com)

Read the Ombudsman's suggestion here

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Editorial

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George Kazoleas, Lawyer

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