Answer given by Mr Oettinger on behalf of the European Commission to a question (Rule 130) by Dennis de Jong (GUE/NGL) regarding ” Appointment of Martin Selmayr as Secretary-General of the Commission”.
Joint answer given by Mr Oettinger on behalf of the European Commission
Written questions: P-001332/18 , P-001290/18
The Commission has provided comprehensive information on this matter in its replies to the questions of the Budgetary Control Committee of the European Parliament of 24 March(1) and 4 April 2018(2). These replies are publicly available.
1. The Staff Regulations provide for two procedures to appoint Directors-General or Deputy Directors-General: (a) appointment by the College following publication of the post and selection procedure under Article 29 of the Staff Regulations or (b) transfer in the interest of the service pursuant to Article 7 of the Staff Regulations.
The Staff Regulations do not establish an order of preference between the two procedures and there is no reference in the case-law(3) to the fact that one procedure would be the norm and the other the exception. Both procedures are of equal legal standing.
The procedures leading to the appointment decisions taken by the Commission on 21 February 2018 at the level of Deputy Director-General and Director-General took place between 8 November 2016 and 20 February 2018.
2. In accordance with the Staff Regulations, the article 7 procedure was used for the appointment of the new Secretary-General of the Commission. The College took the decision unanimously on a proposal from the President, in agreement with the Commissioner responsible for Budget and Human Resources and after consultation of the First Vice-President. The Commission respected all rules to the letter and in their spirit.
3. The involvement of the Members of the Commission, in procedures for appointment of senior managers, depends on their portfolios. The Members of the Commission concerned are consulted on decisions on senior management in their respective area of responsibility before they are submitted to the Commission for decision.
Question for written answer P-001332-18
to the Commission
Dennis de Jong (GUE/NGL)
Subject: Appointment of Martin Selmayr as Secretary-General of the Commission
On 1 March 2018, Martin Selmayr was appointed as the Commission’s new Secretary-General. Even senior EU officials were stunned by the appointment’s abruptness. There are serious concerns as to whether the rules of procedure relating to staff appointments have been applied correctly. The procedure used was not transparent and was applied in a fast-track manner.
1. What is the formal procedure for nominating a new Secretary-General and a new Director-General and when were the relevant procedures initiated?
2. Was the procedure relating to Mr Selmayr’s appointment followed according to its letter and spirit?
3. Is it desirable that besides Mr Juncker only one Commissioner, namely Mr Oettinger, was aware of this procedure before the meeting of the College of Commissioners which took the formal decision?
Source: European Parliament