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The EU’s independent watchdog has warned Ursula von der Leyen against rushing through deregulation without the proper safeguards, intensifying pressure on the commission president ahead of a no-confidence vote.
European Ombudsman Teresa Anjinho said that the commission risked eroding trust by pushing through its simplification drive without consulting civil society, warning against complacency as President Donald Trump rolls back oversight in the US.
Simplifying the laws itself isn’t the problem, Anjinho told the Financial Times in an interview. ‘‘The problem is when you attach to the simplification urgency procedures that deviate from the normal legislative procedures.”
The commission has come under scrutiny over von der Leyen’s use of urgent procedures to fast-track the simplification of some climate laws introduced in her first mandate, as she tries to boost competitiveness by cutting red tape for businesses.
Von der Leyen is facing a no-confidence vote on Thursday over transparency concerns and allegations about bypassing parliament, the bloc’s only directly elected institution, while being too accommodating to EU capitals. In exceptional circumstances, the commission can propose passing legislation without going through parliament.
Separately, Anjinho has opened an inquiry into the commission’s review of corporate sustainability due diligence rules as part of its simplification drive, after NGOs complained that Brussels had broken its own guidelines. The commission’s proposals would water down rules forcing companies to track and report on human rights and environmental issues in their supply chains.
To act quickly, the commission did not consult with civil society organisations or conduct a so-called impact assessment of the new rules, which is usually required before they are tabled for adoption.
“The way these decisions are being perceived, . . . is that competitiveness is, in a way, coming at the cost of these legislative procedures and pre-established laws,” Anjinho said, warning that there was a perception that “these decisions are being taken behind closed doors, that they are being rushed’.’
The EU ombudsman can carry out inquiries and make recommendations to the commission, but they are not legally binding.
Following procedure is part of the democratic process, said Anjinho, who took office in February. “Democracy is something that should not be taken for granted.”
Anjinho, who previously served on the supervisory committee of the EU’s anti-fraud agency Olaf, has opened two other inquiries into the EU executive’s use of accelerated procedures. These are on amendments to agricultural funding giving farmers greater leeway in following environmental rules, and on rules to fight migrant smuggling, for instance including harsher penalties for related offences.
The latter was opened following a complaint by the NGO Picum, which alleges that “the Commission’s failure to conduct an impact assessment overlooks flagrant human rights violations” linked to the migrant smuggling rules, such as criminalising people who help migrants.
Anjinho said human rights impact assessments were particularly important to “evaluate the consequences and the risks of certain decisions”.
She acknowledged that the legislative process was time consuming, but said that “the procedures exist to guarantee also that there is fairness”.
“There are situations where you can derogate from these impact assessments, but they are normally exceptional,” Anjinho said, adding that she would now seek “clarification” from the commission.
The Portuguese official also warned against complacency in enforcing democratic norms, at a time when US President Donald Trump is abolishing watchdogs and regulations protecting citizens and businesses.
“The US is influencing geopolitically everything that we are talking about . . . from the simplification, the question of competitiveness, to defence,” she said.
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