After an own initiative inquiry examining how EU agencies handle revolving door cases, European Ombudswoman Teresa Anjinho has drawn up a set of good practice guidelines to further strengthen EU agencies’ overall approach to revolving doors.

The guidelines, which are inspired by the several incidences of good practices in individual agencies, suggest agencies:

• Equip staff and board members with clear guidance, regular training, and ongoing awareness initiatives
• Have transparent criteria for restricting post-service or post-mandate roles
• React swiftly when a move to the private sector is signalled
• Respond promptly if there are breaches of the imposed conditions

The aim of the inquiry was to identify good practices and possible shortcomings in the policies and practices in place.

The Ombudswoman found a series of discrepancies in how EU agencies manage moves by staff and board members to take up work in the private sector.

Of the 15 agencies examined, seven have adopted rules on managing conflicts of interest arising from board members’ post-mandate activities while four monitor the compliance of former staff with restrictions on post-service work.

The inquiry also noted differences in how individual agencies train staff on their ethics obligations, in how transparent they are about decisions on individual cases, and in what kind of measures they put in place to mitigate potential conflicts of interest.

As part of her overall assessment, the Ombudswoman said that EU agencies should adopt a robust procedure for assessing notifications by former staff members taking a role in the private sector that is related to their former duties.

Ms Anjinho also called on those agencies without an internal policy to prevent conflicts of interest for board members to encourage their governing bodies to adopt one.

The European Ombudsman has consistently highlighted how unmanaged revolving doors risk damaging the integrity of public administration and undermining public trust in the decisions it takes. Past instances of board members or senior staff moving to related jobs in the private sector without the necessary ethics guardrails in place have attracted a strong negative public reaction.

Background

The EU staff regulations impose several obligations on staff to guarantee an ethical and accountable EU administration. EU civil servants have a duty to behave with integrity and discretion during and after they leave the civil service. They are also obliged to inform their agency of any post – paid or unpaid – they plan to take up in the two years after leaving.

Several EU agencies have Board members that are not members of staff and are subject to their national ethics rules. The founding regulations of EU agencies generally require the agency and/or their board members to ensure independence in their decision making.

The 15 EU agencies covered by the Ombudswoman’s inquiry are: the European Union Agency for the Cooperation of Energy Regulators, Agency for Support for BEREC, European Union Aviation Safety Agency, European Banking Authority, European Chemicals Agency, European Defence Agency, European Food Safety Authority, European Insurance and Occupational Pensions Authority, European Union Intellectual Property Office, European Institute of Innovation and Technology, European Medicines Agency, European Union Agency for Cybersecurity, European Securities and Markets Authority, European Union Agency for Fundamental Rights, and the Single Resolution Board.