Friday

22nd Nov 2019

Ombudsman blasts Commission over Barroso case

  • 'It was entirely predictable that a former commission president taking up a post with Goldman Sachs was likely to raise these serious public concerns," but Juncker (l) took no decision, Ombudsman O'Reilly said (Photo: European Commission)

The European Commission should "reassess" its former chief's move to Goldman Sachs and say clearly whether he can lobby the institution, the EU Ombudsman has said.

"Putting the matter to the ethics committee once more would demonstrate that the Commission has taken very seriously public concern over this affair and the damage done to the image of the EU institutions," said Emily O'Reilly.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 20 year's of archives. 30-day free trial.

... or join as a group

  • 'The exact nature' of commissioner Katainen's meeting with Barroso 'is not clear' (Photo: European Commission)

In a scathing report published on Thursday (15 March), she said she had "some specific concerns about how the commission dealt" with the appointment of Jose Manuel Barroso to the US business bank in July 2016.

"It was entirely predictable that a former commission president taking up a post with Goldman Sachs was likely to raise these serious public concerns," but "the commission took no decision on his case," and failed to "set out, in any formal document, precisely how [it] should deal with approaches" from Barroso, she said.

O'Reilly insisted that the commission's "maladministration" was "not without consequences."

Some nine minutes after the 10am publication of the ombudsman's report, Barroso tweeted simply: "I have not and will not lobby EU officials".

Earlier this year, commissioner Jyrki Katainen admitted that he met with Barroso last October.

 The meeting, which took place in a hotel bar and where no notes were taken, was registered only as a meeting with 'The Goldman Sachs Group, Inc. (GS)'. Katainen later told EUobserver that it was a private "chat" between two friends."

"The accuracy of vice‐president's later statement cannot now be confirmed," the Ombudsman noted, referring to the interview published on this website.

For the EU accountability watchdog, "the exact nature of the meeting is not clear."

She insisted that "there are understandable concerns about this incident, specifically that the former commission president is using his previous status and his contacts with former colleagues, to open doors, to influence, and to obtain information."

For O'Reilly, the "chat" between the two politicians looked pretty much like a lobbying meeting, and not only because it was recorded as Goldman Sachs meeting.

First, because "the matters discussed in that meeting, trade and defence policy, may be of interest to an investment bank such as Goldman Sachs."

Second, "one of key objectives of a lobbyist is to meet with public officials and to obtain from them information which may be useful to the company they represent."

Thirdly, Katainen's portfolio - jobs, growth, investment and competitiveness - is "certainly of interest to an investment bank such as Goldman Sachs."

In a press conference last month, the commission's president Jean-Claude Juncker said that the case was "nothing".

He argued that the Barroso-Katainen meeting "was respecting in full the rules the commission has adopted."

He added that Barroso - who he said was "not a gangster" and was still his "friend" - was "on the list of lobbyists."

Commission 'should have been alerted'

For O'Reilly, however, the commission's defence is based on weak arguments.

The EU executive let Barroso keep his job at the US business bank after an ad-hoc ethics committee appeared to say he had not breached the rules imposed on former commissioners.

"In fact, there were aspects of the opinion of the ethics committee which should have alerted the commission to the need to consider that opinion very carefully," the Ombudsman noted in her report.



She pointed out that the committee "did not express the positive conclusion" that Barroso's new job respected ethics rules, but that it only stated that there were "not sufficient grounds to establish a violation" of Barroso's duties.

"This was not an endorsement of the position of the former commission president," she insisted.

She also noted that the ethics committee did not state that Barroso was violating the rules only because he had pledged in a letter to Juncker that he had "not been engaged to lobby on behalf of Goldman Sachs," and that he did "not intend to do so."

O'Reilly "infers from this that the ethics committee was of the view that should the former commission president lobby the commission on behalf of Goldman Sachs, this would be a breach of his duty to act with integrity and discretion."

No direct talk with Barroso

But the commission, when handed the ethics committee's report, "did not incorporate into a formal decision the former commission president's commitment not to lobby on behalf of Goldman Sachs."

In addition to the commission's lack of action after the report, the Ombudsman considers that the ethics committee itself failed to investigate properly on Barroso's job at Goldman Sachs.

She noted that there is "no evidence" that it spoke "directly or written" with Barroso and that it based its assessment only on Barroso's letter to Juncker.

She argued it was "unrealistic" to reach a proper conclusion "in the absence of clear information as to what that job will or may entail."

In its report, the ethics committee noted that the notion of integrity was "unclear" but did not try to define it.

If the committee really did not think that its role was to define what integrity is, O'Reilly said, this "would appear significantly to undermine its role as commonly understood."

'Good sense and judgment'

The Ombudsman also pointed out that several members of the ad hoc committee are special advisors to the commission, and that "there is a risk of conflicts of interest" when they have to assess the behaviour of commissioners with whom they have "close working relationships".

O'Reilly has therefore asked the commission to refer Barroso's case back to the ethics committee, and this time to "assess, and take a formal decision" on whether "it is appropriate to require its former president to abstain from lobbying the commission and/or its services for a certain further number of years.

The commission has until 6 June to say what it will do.

In her report, O'Reilly gave a clear hint of what she expects from the institution that is the guardian of the treaties.

She noted that "certain activities undertaken by former commissioners can give rise to serious and legitimate public concerns," even after the 18-month so-called "cooling-off period" during which they have to notify the commission about the jobs they want to take.

"Former commissioners should thus use good sense and judgement when accepting job offers, even after the notification period expires," O'Reilly said.

Interview

Katainen explains: My friend Barroso did not lobby me

Vice-president of the European Commission Jyrki Katainen tells EUobserver that he did most of the talking during a beer with the former commission chief, who now works for Goldman Sachs.

Ombudsman asks for more details on Barroso case

Emily O'Reilly has asked the EU Commission to say what former commissioners should be allowed to do after they leave office and explain why it took no decision over its former president's controversial new job.

Magazine

Barrosogate and the revolt of public opinion

Just days after Britain's vote to leave the EU, the bloc was rocked by the news that commission ex-president, Jose Manuel Barroso, had landed a top job with Goldman Sachs.

Commission rejects ombudsman criticism over Barroso case

The European Commission repeated that it followed the rules when its former head joined Goldman Sachs - and suggested it will not follow the EU Ombudsman's demand to refer the case back to the ethics committee.

Commission sticks to its line on Barroso case

In a letter to a coalition of transparency NGOs, the EU executive has repeated that a meeting between its former boss - now working for Goldman Sachs - and the current vice president was "fully in line" with the rules.

News in Brief

  1. EU parliament votes on new commission next week
  2. Berlusconi wants Europe to be a military global power
  3. Orban ordered to apologise over 'misleading' Soros survey
  4. EPP to decide on expelling Fidesz by end of January
  5. Rowdy anti-corruption protest in Malta
  6. Ambassador: Trump ordered Ukraine election meddling
  7. EU links Libyan government to human trafficking
  8. Greek PM on migration: 'Greece has reached its limits'

Magazine

Welcome to the EU engine room

Welcome to the EU engine room: the European Parliament (EP's) 22 committees, which churn out hundreds of new laws and non-binding reports each year and which keep an eye on other European institutions.

Column

Why the EU can't do security and defence

What if the EU can't guarantee European security? In times when US physical presence does not make up for its mental absence, the question got urgent.

Stakeholders' Highlights

  1. Nordic Council of MinistersEarmarked paternity leave – an effective way to change norms
  2. Nordic Council of MinistersNordic Climate Action Weeks in December
  3. UNESDAUNESDA welcomes Nicholas Hodac as new Director General
  4. Nordic Council of MinistersBrussels welcomes Nordic culture
  5. UNESDAUNESDA appoints Nicholas Hodac as Director General
  6. UNESDASoft drinks industry co-signs Circular Plastics Alliance Declaration
  7. FEANIEngineers Europe Advisory Group: Building the engineers of the future
  8. Nordic Council of MinistersNew programme studies infectious diseases and antibiotic resistance
  9. UNESDAUNESDA reduces added sugars 11.9% between 2015-2017
  10. International Partnership for Human RightsEU-Uzbekistan Human Rights Dialogue: EU to raise key fundamental rights issues
  11. Nordic Council of MinistersNo evidence that social media are harmful to young people
  12. Nordic Council of MinistersCanada to host the joint Nordic cultural initiative 2021

Latest News

  1. EPP congress pledges 'moderate' climate solution
  2. EPP wants to re-open accession talks with Balkans
  3. New EU financial instruments needed
  4. Binding measures to expand gender balance
  5. Watershed moment for rule of law in Hong Kong
  6. EU Africa envoy: Europe needs to look beyond migration
  7. New calls for Muscat to resign over journalist's murder
  8. Tusk pledges 'fight' for EU values as new EPP president

Stakeholders' Highlights

  1. Vote for the EU Sutainable Energy AwardsCast your vote for your favourite EUSEW Award finalist. You choose the winner of 2019 Citizen’s Award.
  2. Nordic Council of MinistersEducation gets refugees into work
  3. Counter BalanceSign the petition to help reform the EU’s Bank
  4. UNICEFChild rights organisations encourage candidates for EU elections to become Child Rights Champions
  5. UNESDAUNESDA Outlines 2019-2024 Aspirations: Sustainability, Responsibility, Competitiveness
  6. Counter BalanceRecord citizens’ input to EU bank’s consultation calls on EIB to abandon fossil fuels
  7. International Partnership for Human RightsAnnual EU-Turkmenistan Human Rights Dialogue takes place in Ashgabat
  8. Nordic Council of MinistersNew campaign: spot, capture and share Traces of North
  9. Nordic Council of MinistersLeading Nordic candidates go head-to-head in EU election debate
  10. Nordic Council of MinistersNew Secretary General: Nordic co-operation must benefit everybody
  11. Platform for Peace and JusticeMEP Kati Piri: “Our red line on Turkey has been crossed”
  12. UNICEF2018 deadliest year yet for children in Syria as war enters 9th year

Stakeholders' Highlights

  1. Nordic Council of MinistersNordic commitment to driving global gender equality
  2. International Partnership for Human RightsMeet your defender: Rasul Jafarov leading human rights defender from Azerbaijan
  3. UNICEFUNICEF Hosts MEPs in Jordan Ahead of Brussels Conference on the Future of Syria
  4. Nordic Council of MinistersNordic talks on parental leave at the UN
  5. International Partnership for Human RightsTrial of Chechen prisoner of conscience and human rights activist Oyub Titiev continues.
  6. Nordic Council of MinistersNordic food policy inspires India to be a sustainable superpower
  7. Nordic Council of MinistersMilestone for Nordic-Baltic e-ID
  8. Counter BalanceEU bank urged to free itself from fossil fuels and take climate leadership
  9. Intercultural Dialogue PlatformRoundtable: Muslim Heresy and the Politics of Human Rights, Dr. Matthew J. Nelson
  10. Platform for Peace and JusticeTurkey suffering from the lack of the rule of law
  11. UNESDASoft Drinks Europe welcomes Tim Brett as its new president
  12. Nordic Council of MinistersNordic ministers take the lead in combatting climate change

Join EUobserver

Support quality EU news

Join us