Appointment of a new Director of the EU Fundamental Rights Agency

15.1.2016

Question for written answer E-000289-16
to the Commission
Rule 130
Branislav Škripek (ECR)

The process for the appointment of a new Director of the EU Fundamental Rights Agency (FRA) appears to be governed by contradictory rules. On the one hand, Article 15(2)(a) of Council Regulation 168/2007 establishing the FRA provides for the appointment to be made ‘on the basis of a list drawn up by the Commission after a call for candidates and a transparent selection procedure’. On the other hand, the vacancy notice for the post of FRA Director states that the selection committee's work is confidential. Commission Decision C(2007)380/2 states that only the committee's deliberations are confidential, not its overall work.

1. Can the Commission explain how these provisions fit together without creating a clash of rights or leading to a lack of transparency and accountability?

2. How can the FRA fulfil its transparency obligation, if the selection committee's work is treated as confidential?

3. Can the FRA escape its legal obligation to ensure the transparency of the selection procedure by resorting to a non-binding EU document, namely its vacancy notice published in the Official Journal on 10 October 2014?