The European Commission has finally unveiled new guidelines for the participation of its members in elections. This commitment to crafting new rules came in response to Gong's report on President Ursula von der Leyen's participation in the pre-election campaign video for the Croatian Democratic Union (HDZ). Gong brought this matter to the attention of both the European Commission and the European Ombudsman during the parliamentary elections in Croatia in the summer of 2020.
Gong's report raised concerns about the participation of the Commission President and other high-ranking officials in a party's campaign video, suggesting it could be viewed as inappropriate intervention in national elections and implies Commission support for one party over others. In response to the European Ombudsman's insistence, the Commission has committed to establishing new guidelines to precisely define the permissible scope and manner of commissioners' participation in electoral campaigns.
Oriana Ivković Novokmet, Gong's Executive Director, commented, "If these rules had been in place during the previous EP elections, President of the Commission von der Leyen and Commissioner Šuica would have violated them by participating in the HDZ election video. Gong raised this issue before European institutions, deeming such support unethical. We appreciate the Commission's efforts to more precisely regulate participation rules to prevent the perception that the Commission institution, which must remain impartial during campaigns, supports the campaign of a particular political party. However, these rules only apply when Commissioners or the President officially announce their participation in a campaign, leaving some gray area until participation is announced."
New Measures Ahead of the Elections
Anticipating the upcoming European Parliament elections, where some commissioners have declared their candidacy and others, including von der Leyen, are still awaiting official confirmation, the College of Commissioners has introduced two sets of ethical guidelines for Commission members participating in elections at both the European and national levels.
As per the current Code of Conduct for Commission members, those actively seeking to engage in national election campaigns must step back from their Commission duties. In instances of more passive involvement in national elections and participation in European Parliament elections, the Commission President decides, considering the circumstances, whether the commissioner's participation in electoral promotion aligns with their duties in the Commission. If the Commission President opts to take part in the elections, she must inform the College of Commissioners.
The new guidelines specify that during the campaign, members must refrain from utilizing staff or other material resources available to them as Commission members. Funding for travel related to election promotion must not come from Commission resources, and such travel should not be organized by Commission staff or EU delegations. Commissioners must avoid using the Commission's visual identity or their titles during the campaign to prevent creating a misleading perception of institutional support for a specific party's election campaign. Candidates are required to establish separate social media profiles for their election campaigns and ensure clear disclosure of their official capacity.
Throughout the campaign, they must ensure a clear separation between travel related to their Commission duties and those associated with their election campaigns.
While Commission members have been allowed to participate in campaigns for European elections since 2018 and continue their work in the Commission without taking unpaid leave, their duties to the Commission must not suffer. They are obligated to ensure the continuous continuation of work and fulfillment of duties, such as attending plenary sessions and meetings with other EU bodies.
"Passive" Participation in Campaigns in Member States
However, if members intend to run for office or participate in any way in the national election campaign, they must – unlike in European elections – withdraw from their duties in the Commission throughout the entire period of active participation in the elections, at least during the campaign.
In addition to active participation in elections, the new guidelines also outline passive participation, involving occasional involvement or a "modest contribution" to election activities, such as those related to a specific political party or candidate. Commissioners will be allowed to participate with statements, appearances in campaigns, on panels, in publications, provided that “participation remains modest in form, content, and public perception."
To prevent a situation similar to the pre-election HDZ campaign ad, "participation must not create the perception of an institutional support or interference of the Commission in the election campaign. It must be clear that any statements made by the Member are personal opinions.”
Gong has awaited and advocated for the adoption of these new guidelines for more than three years, welcoming the clarification of rules ahead of the super-election year. Given the widespread nature of political campaigns in Croatia, which often extend to European institutions and generally involve a gray area of duty abuse, efforts to separate the responsibilities of officials from those of candidate campaigns are necessary to strengthen public trust in elections and the political system, and to ensure the responsible behavior of officials. The Commission must remain impartial in relation to political parties during campaigns.
