European Commission employees given a little 'reminder.'

Following the little offensive outburst by European Commission employee, John Jones of the English Translation Service, it appears that the Commission has been forced to issue a little 'reminder' to all of its staff. The following e-mail circular has been leaked to us.

"Dear colleagues,

We have recently had a major revision of the Staff Regulations which has made more explicit the rights and duties of individual officials, particularly in contacts with the public outside the Commission.

This review of the Staff Regulations was in fact preceded by a particular insistence on professional ethics by the Prodi Commission, which resulted in two codes of conduct, one for Commissioners and their cabinets and one for officials in general (see last link below). It is worth noting the distinction now made between circumspection (being generally careful and keeping a sense of proportion in dealings with the world outside the Commission) and discretion (keeping quiet about facts and other information to which you have had privileged access as a Commission servant).
The former would include not actively seeking contacts with e.g. journalists.

The relevant articles of the Staff Regulations are Articles 12 and 17:
"Articles 12 and 17 call for circumspection
First of all and as a general rule Articles 12 and 17 of the Staff Regulations imply that officials and other servants must observe circumspection in their behaviour. Circumspection calls in particular for a degree of moderation and for officials to conduct themselves at all times with a due sense of proportion and propriety. It is more incumbent on the most senior officials to show self-control in what they say and write, as well as in their attitudes.

Assessment is also based on the amount of publicity given to an expression of opinion or a particular action. A distinction must also be drawn in terms of specific actions, depending on whether they occur in or outside the line of duty or in connection with trade-union activity, in respect of which freedom of expression is guaranteed. The obligation as regards circumspection is different from discretion with regard to facts and information to which officials or other servants have become privy while performing their duties."

Particular attention should be drawn to the limits on freedom of expression, especially in view of the current period of ratification of the draft Treaty on a Constitution and the run-up to the referendums in France and some other countries and - eventually - the UK, when political tempers may be running high. Special caution needs to be exercised in using e-mail and in particular one's Commission mailbox for the dissemination of personal opinions.

Although there is more explicit protection of whistleblowers in the new Staff Regulations and their implementing rules, everyone ought at least to have learned from the van Buitenen case that officials who believe they have uncovered untoward goings-on have a duty to inform their line manager and senior management first. If they think those persons may be implicated, there is an alternative pathway now set out in the implementing rules. Only after these avenues have been exhausted is it acceptable for officials to turn to the European Parliament or the public.

"Freedom of expression
The Staff Regulations' hitherto stringent confidentiality requirement must be brought into line with the Commission's declared political intention to work as transparently as possible. Freedom of speech remains a fundamental right of every official. In order to function, however, the Commission has to be able to rely on a certain degree of confidentiality. In this respect the Commission must, as an employer, steer a careful course between divergent demands.

As part of the reform, the areas in which officials must maintain confidentiality are therefore to be defined more precisely.

Officials are, as in the past, to be required to refrain from any public comment, which could adversely reflect on their position as officials.

As in the past, officials are also to be required to preserve the confidentiality of all facts and matters of which they become aware in the course of their work. A new rule, however, is that the confidentiality principle is no longer to apply to information and documents which are publicly accessible. A fair procedure is established for officials wishing to publish information relating to the activities of the Institutions in a manner that is compatible with basic rights without compromising the legitimate interests of the Communities. Officials will be bound to inform the Appointing Authority of their intention to publish such material. If the Appointing Authority is able to demonstrate that the matter is liable to seriously prejudice the legitimate interests of the Communities, it must inform the official in writing within 30 working days or it will be deemed to have no objections."

Here are some other useful references:

The webpage of DG ADMIN giving the Golden Rules on conduct in the service:

A note on circumspection:

Guidance on freedom of expression:

Integrity in general: