Selection process
Dear Human Resources and Security,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
1. Documents referring to gender and geographical balance as selection criteria
Any documents, including but not limited to job notices, briefing papers, internal memos, meeting minutes, selection panel instructions, or Commission communications, that mention, recommend, or imply the consideration of gender balance (e.g. preference for a female candidate) in the selection process;
Any documents indicating that geographic origin, in particular Eastern European nationality, was considered as a desirable attribute or criterion for nomination or appointment to the post of OLAF Director-General;
Any communications with or within DG HR, SG, OLAF, or the Cabinet of the Commissioner responsible for budget and administration which refer to the need to promote diversity, representation of Eastern European Member States, or gender balance in high-level appointments, including this specific case.
2. Any guidance given to the selection panel or to the College of Commissioners
Any instructions, terms of reference, or selection criteria shared with the independent selection panel regarding the importance of gender balance or regional representation (e.g. from Eastern Europe);
Any internal notes or cabinet briefings ahead of the decision by the College of Commissioners, outlining political or institutional considerations related to candidate origin or gender.
Format and Access
I request that the documents be provided in electronic format (PDF or equivalent). If access is partially restricted under Article 4 of Regulation 1049/2001, I ask for partial access or a list of identified documents with reasons for any redactions or refusal.
Public Interest Justification
Given the critical role of OLAF in safeguarding the EU’s financial interests and ensuring institutional independence, the public has a strong and legitimate interest in understanding whether demographic factors such as gender or nationality were considered in the appointment of its Director-General. Transparency on this matter is essential to maintain confidence in the objectivity and merit-based nature of senior EU appointments.
Thank you in advance. I look forward to your reply within the regulatory deadline of 15 working days.
Yours faithfully,
Monika Schwartz
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 27/06/2025 and registered on 27/06/2025 under case number 2025/3355.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Directorate-General for Human Resources and Security - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Madam,
We are writing concerning your request for access to Commission documents
registered on 27/06/2025 under case number EASE 2025/3355.
On the same day, 27/06/2025, we asked you to send us your postal address
and explained the reasons why we need it.
Since we have not received your postal address, we have closed this case.
Best regards,
HR ACCESS TO DOCUMENTS TEAM