Following the European Court of Justice’s prior ruling on the European Commission’s record-keeping for President Ursula von der Leyen’s communications, the Ombudswoman Teresa Anjinho has opened a new formal investigation. This investigation follows the commission’s refusal to release a text message from French President Emmanuel Macron, which was reportedly exchanged via the encrypted Signal app. The message, received by von der Leyen in January, relates to ongoing negotiations over the controversial Mercosur trade deal, a matter that has generated significant political and economic debate. French President Macron has publicly criticized the trade agreement, which was finalized in December but has yet to take effect, primarily due to concerns over its impact on French agriculture.
The European Commission claims the message was automatically deleted due to the app’s encryption protocol, thereby making it unavailable for release under a freedom of information request. However, investigative journalist Alexander Fanta, who filed a formal complaint after the commission denied access, has accused the commission of allowing the message’s erasure following his request, calling this a serious breach of transparency. Fanta previously sought access to von der Leyen’s communications with Pfizer CEO Albert Bourla regarding a coronavirus vaccine supply deal, which were ruled unlawful by the European Court of Justice in May. The commission, in response, promised to review its record-keeping practices, but the recent incident raises questions about its commitment to transparency and accountability.
Von der Leyen’s leadership is further tested by two separate censure motions from the European Parliament, one from the right and the other from the left, following her mid-September State of the Union speech. Lawmakers have pointed to the Mercosur trade deal as one of the key factors contributing to a loss of confidence in her leadership. This political challenge highlights the broader concerns around the commission’s transparency issues and their implications for EU governance. As the investigation unfolds, the implications for von der Leyen’s administration and the European Commission’s credibility will depend on the outcome of the probe.