The EU Interinstitutional Body for Ethical Standards: A Legal and Policy Analysis

Abstract

Amid several high-profile ethical scandals, the EU has been discussing since the early 2000s the establishment of a dedicated EU ethics authority capable of restoring trust in the operation of its institutions. This article provides one of the first assessments of the newly adopted EU Interinstitutional Body for Ethical Standards by examining whether and how it can strengthen the existing EU public integrity system. After tracing its genesis and evolution, it first identifies the major structural limitations of the extant EU ethical framework, ranging from its high fragmentation within and across EU institutions, weak enforcement of its underlying standards to its limited awareness within the EU institutional setting and wider public. Second, it assesses whether the newly adopted EU ethical body may address and overcome those structural limitations and how it may do so. It concludes that, despite its limited authority – both in terms of investigative and sanctioning powers – the first dedicated Interinstitutional Body for Ethical Standards carries the potential to mark a qualitative difference in developing the EU public integrity system as we know it. Through a combination of its standard-setting, advisory and awareness-raising functions, the Body may profoundly alter both the ethical standards and their enforcement for participating institutions’ members and beyond.