Von Der Leyen Broke Staff Appointment Rules, EU Court Rules
By Elisa Braun
(EurActiv) — The EU’s second-highest court ruled on Wednesday that the European Commission breached its own rules in staff appointments, marking a legal setback for Ursula von der Leyen and her powerful right-hand man, Björn Seibert.
The General Court of the EU, which settles disputes over decisions involving the EU institutions and their officials, sided with long-time EU official James Flett as he challenged the legality of how top Commission posts are filled under von der Leyen’s second term.
Flett, a legal advisor and deputy director at the Commission, was a candidate for a top legal position on trade policy in the Commission in 2022 but argues that he was unfairly excluded from final consideration due to procedural irregularities.
That included the fact that the final interview for the role was conducted not by von der Leyen herself, who had authority over this particular appointment, but by the president’s head of cabinet, Seibert. The Commission’s internal rules only allow delegation for such key appointments in “exceptional, justified cases.”
In its ruling, the Court found that the Commission president had unlawfully delegated interview duties for the role to Seibert, in what constituted “a breach of an essential procedural requirement,” leading to the annulment of the appointment decision.
The Court noted that the Commission had “not substantiated that the delegation by the president of the interview to her head of cabinet was based on ‘imperative service needs’.”
The decision is adding scrutiny to von der Leyen’s management style and the outsized role of her inner circle, particularly Seibert, who has been increasingly involved in housekeeping matters.
Since 2020, the Commission has allowed the head of cabinet and commissioners to delegate decisions “to ensure smooth and timely processes’.” But critics have long accused von der Leyen or Seibert of centralising decision-making, including over key appointments.
A Commission spokesperson and Flett did not immediately respond to a request for comment.
The Commission has two months and 10 days to appeal the decision. In the meantime, it urgently has to find a solution for the appointment of a principal legal adviser of the trade policy and the World Trade Organisation team.
The role has been held by Mikko Huttunen for the past two and a half years, following his service as the lead lawyer in the Commission’s Covid-19 vaccines team from April 2020 to January 2022, according to his LinkedIn profile.
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