Boost for EU officials’ right to speak out

Date: 13/11/1997

By Leyla Linton

THE EU Ombudsman has called on the European Commission to acknowledge the right of its officials to freedom of expression.

Jacob Söderman's move follows an investigation into the way Carl-Magnus Lemmel, deputy director of the Directorate-General for industry (DGIII) was rebuked by his superiors for criticising the Commission in a Swedish newspaper last summer.

Lemmel's remarks, attacking EU bureaucracy, inaction on agriculture and regional policy, were quoted in Dagens Politik. He claimed the Commission ordered investigations which it did not act upon and cited an instance when an official's trip to Geneva had already been sanctioned by ten people before it reached his desk as an example of unnecessary red tape.

"An organisation like this risks stagnating. People have lifetime employment and cannot be removed from office, apart for serious mistakes," said Lemmel.

Personnel Commissioner Erkki Liikanen subsequently wrote to Lemmel reminding him of his "duty of reserve". Commission staff regulations state that officials "shall not in any manner whatsoever disclose to any unauthorised person any document or information not already made public".

The investigation was prompted by a complaint from Swedish citizen Eric af Wetterstedt, who felt the senior official's freedom of expression had been violated.

The Ombudsman did not find evidence of maladministration on the part of the Commission because it did not go as far as to instigate disciplinary procedures against Lemmel.

But in his decision, Söderman pointed out that the European Court of Justice had ruled that staff regulations could not be interpreted so as to conflict with the fundamental right to freedom of expression enshrined in EU law. He also stressed that Article 10 of the European Convention on Human Rights guarantees freedom of expression, which includes freedom to hold opinions and to receive and impart information and ideas without interference from public authorities.

Söderman said the Commission should publish guidance about a fair balance between an official's right to freedom of expression and their duties and responsibilities under staff rules, and added that such guidelines could help the institution meet the human rights convention's requirement that any limits on freedom of expression should be "prescribed by law".

Lemmel did not complain to the Ombudsman or offer any opinion when Söderman approached him for comment.

Commission spokesman Nikolaus van der Pas said this week that the institution would look into the Ombudsman's suggestion. "It makes a lot of sense, but the moment you start to write down precisely how the balance should be struck there are many problems. We need to look into it to see if it needs to be reviewed," he said.

European Ombudsman has called on the European Commission to acknowledge the right of its officials to freedom of expression.