Commission seeks ground rules for second stage of fraud probe

Date: 06/05/1999

By Rory Watson

THE outgoing European Commission is seeking to lay down clear ground rules to govern the second phase of the committee of experts' investigation into the allegations of fraud, mismanagement and corruption levelled against the institution.

The 20-strong team of Acting Commissioners, which was caught unawares by the severity of the independent committee's first report and forced to resign en masse in mid-March, is determined to establish clear rules on the procedures to be followed as the 'wise men' examine how contracts are awarded, temporary staff recruited and allegations of fraud followed up.

No basic ground rules were set before the experts began their investigation in January into charges of fraud, mismanagement and nepotism among the 20 Commissioners, and Vice-President Sir Leon Brittan often had to intervene to ensure his colleagues were treated even-handedly when questioned.

That has raised concerns about the rights of officials called as witnesses in the second stage of the investigation. "What will happen when a director-general or a senior official is asked to testify to the committee? Will they have the right to be accompanied by a lawyer?" asked one Commission fonctionnaire.

In a bid to inject more 'balance' into the secretariat which will support the work of the five experts, the Commission is also insisting that it should include some of its own staff. That request is, however, likely to be rejected.

" There is a feeling it would be inappropriate to have officials of the body being investigated in the secretariat, and seconded Commission staff might be put in a difficult position if they had to report to their superiors," said one European Parliament official.

The Commission's protests over the way it has been 'bounced' into accepting the appointment of Italian law professor Antonio Tizzano as a member of the committee are also unlikely to be heeded.

Tizzano has been nominated by Parliament President José Maria Gil-Robles to replace former human rights judge Carillo Salcedo, who recently retired from the committee.

But the decision has prompted Acting Commission President Jacques Santer to write to his parliamentary opposite number stating that while the professor's intellectual reputation and ability are not in doubt, there could be a conflict of interest as Tizzano has acted against the institution on public procurement cases - one of the areas which the committee will examine in its second investigation.

Despite the Commission's protests, the Parliament is unlikely to back down, especially since the Italian professor maintains that he is only involved in one current case and that, given his new role, he is prepared to withdraw from it.