The European commission has been criticised for allowing its president, Jean-Claude Juncker, to break the rules in promoting a key ally to the post of secretary general.

In a scathing report, the European ombudsman said the commission had committed four counts of maladministration in appointing Martin Selmayr as its most senior civil servant in February.

The EU watchdog’s criticism went to the top of the commission’s political hierarchy, starting with Juncker, who was found to have allowed lines to blur between administrative independence and his political closeness to Selmayr.



The report also rebuked the commission for its “defensive, evasive and, at times, combative” communications over the appointment, which provoked widespread criticism in the European parliament.

But the EU’s 27 other commissioners did not escape censure. “It is extraordinary that no commissioner seemed to question the secretary general appointment procedure, which in the end raised valid widespread concerns,” the ombudsman, Emily O’Reilly, said.

Selmayr, a German lawyer, has climbed the ranks rapidly since he joined the commission as a junior official 14 years ago. In one day in February he was promoted to the position of deputy secretary general, then immediately bumped up to the top job, with almost no discussion.



Before the double promotion, Selmayr was the head of Juncker’s private office, having run his 2014 campaign to become president. O’Reilly found “an inappropriate blurring of the line between administrative independence and political closeness” in the secretary general appointment, suggesting Juncker’s gratitude to his campaign manager coloured the promotion.



The affair highlights the unusual nature of the EU executive, a civil service of 32,000 officials led by politicians appointed by the national governments of member states.

The ombudsman said Selmayr had been promoted to deputy secretary general by Juncker and the EU human resources commissioner, Günther Oettinger, in the knowledge the job was merely a stepping stone, revealing evidence of maladministration.

Stating that Selmayr’s competence and commitment to the EU were not in doubt, O’Reilly did not call for his resignation, but said a new procedure was needed to hire his successor.



MEPs are already raising questions about how a reform of appointment processes will be managed. “I would like to know how the commission intends to develop a new procedure, as the design of such a procedure will be in the hands of none other than Mr Selmayr himself,” said Sophie in ’t Veld, a Dutch liberal MEP.

In a statement Oettinger said the commission “at first glance” did not see any reason why the secretary-general appointment process should be changed. He also said the commission did “not share all aspects” of the ombudsman’s report and promised to send further information where it had drawn a different conclusion on facts.