The incumbent Commission president has been accused of a conflict of interest in accepting hospitality from Prime Minister Kyriakos Mitsotakis, just days before MEPs decided whether to grant her a second term in office.

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Ursula von der Leyen’s 2023 holiday at the Cretan home of Greek Prime Minister Kyriakos Mitsotakis has revealed a “structural shortcoming” in EU ethics rules, the bloc’s ombudsman Emily O’Reilly said on Monday. 

The Commission gave contradictory accounts of the August 2023 trip, and its “incomprehensible” and unlawful year-long delay in responding to complaints amounted to maladministration, O’Reilly said – findings that critics say are part of a pattern of mismanagement by von der Leyen’s top team.

The EU’s code of conduct prevents commissioners from accepting hospitality, other than in accordance with diplomatic and courtesy protocol – but it’s unclear how to deal with ethical grey areas when it’s the President, usually the arbiter of such questions, herself in the firing line.

“This appears to be a structural shortcoming that would need to be addressed by the Commission in order to convey to the public a clear message as regards the accountability of its leadership,” O’Reilly said, adding that she was “not convinced” that the Commission had handled complaints with appropriate speed and diligence.

The Commission has denied ethical concerns, saying that the trip was not unusual in terms of political and diplomatic relations – but, O’Reilly noted, the Commission elsewhere had stated the visit was private and non-official, an apparent contradiction that has never been reconciled.

A delay of nearly one year in responding to a transparency request on the issue “is not only incomprehensible, it is also in breach of the time limits set out in the EU legislation,” O’Reilly said, saying that von der Leyen’s immediate team, known as her Cabinet, were guilty of particular foot-dragging.

The three-day visit was first reported by Greek site Zarpa News, which said von der Leyen and her husband had stayed for three days at a villa in Chania, Crete, as Mitsotakis’ guest.

But critics say this isn’t the first time – comparing the issue to secrecy over text messages von der Leyen allegedly sent the head of Pfizer while negotiating Covid vaccine contracts, an issue which has now gone to the EU courts.

“Maladministration has become the system, that’s how they run Europe and they seem to think it’s normal,”  Sophie in ‘t Veld, the former MEP who made the complaint, told Euronews, adding that the findings “should send a shockwave through any democratic institution, but they just shrug, they don’t care.”

The European Commission did not immediately respond to a request for comment from Euronews.

“The commission is the enforcer of EU law …  it does so against national governments, it has to keep a professional distance,” in ‘t Veld added, citing numerous cases in which the Commission should have been tough on Athens – including migrant pushbacks, the use of spyware, and a corruption case involving rail safety.  

“I find it difficult to see how one day she’s going to be on a private holiday with Mitsotakis, and the next day she’s going to hand him over an infringement proceeding,” in ‘t Veld said.

Von der Leyen looks set to win approval for a second five-year term in a Wednesday vote – but Members of the European Parliament in groups such as the Greens appear still wavering.

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