The Long-Awaited SMS of Ursula von der Leyen: A Victory for Transparency?
- by Charlotte Wirth
- 3 Min
Leaks suggest Ursula von der Leyen might be disclosing her text messages. - Will Ursula von der Leyen potentially disclose her text messages?
The question on everyone's lips: Where are Ursula von der Leyen's texts? This inquiry has haunted the Bundestag for years, ever since she was a Minister of Defense, and it hasn't stopped since she took the helm as the President of the Commission. Known for her aversion to scrutiny, von der Leyen's opaque persona has left many in the dark.
She masterfully dodges critical inquiries, and her interviews are meticulously orchestrated, leaving no room for leaks or loose ends. It's no surprise, then, that journalists immediately anticipate stonewalling when they request critical documents from the Commission.
The "New York Times" Goes to Court: A Battle for Transparency
This was the case when the "New York Times" sought those very texts exchanged between Ursula von der Leyen and Pfizer CEO Albert Bourla during the Covid-19 pandemic. At stake was a billion-dollar deal: The Commission, acting on behalf of member states, placed the largest order ever from Pfizer for 1.8 billion vaccines. To this day, the true costs remain a mystery, with estimates topping 35 billion euros, much of which ended up as expired doses in the trash.
The details of this massive deal are a closely guarded secret, due in part to the Commission President's alleged text message negotiations. Pfizer's CEO confirmed this to the "New York Times." But von der Leyen has consistently refused to relinquish these texts. The journalists took their case to the EU court, and the verdict is in: The court ruled in favor of the "New York Times" lawsuit. The EU Commission must release these documents.
A Precedent-Setting Decision: The Court Weighs In
This decision sets an important precedent, offering insights into what the Commission must classify as official documents. Text messages, the Commission argued, were ephemeral and thus didn't need archiving. But the court deemed them worthy of archiving, and as a result, they could eventually be made public.
This victory for transparency could simplify life for journalists, provided the Commission doesn't appeal the verdict. But given the Commission's behavior during the trial at the EU court in November, this isn't surprising. Rather, it demonstrated yet another instance of the Commission's resistance to transparency[2].
The Commission's lawyer, during the trial, was unable to substantiate whether the texts even existed, claiming they would have been archived if they contained crucial information. But the Commission admitted to the court it couldn't find any messages in Ursula von der Leyen's archived documents, raising questions about the messages' existence and relevance[3].
A Curious Performance by the Commission's Lawyer in Court
The Commission's lawyer also couldn't confirm which platform was used for the messages, revealing an unsettling lack of knowledge about von der Leyen's communications. This lack of transparency has been a recurring theme, as was evident in the affair surrounding lavishly paid consultant contracts, where crucial text messages were deleted from von der Leyen's phones[4].
The EU court's ruling creates a crack in von der Leyen's facade of opacity. But whether the missing texts will come to light remains doubtful, given the Commission's propensity for secrecy and its recent moves to further restrict document disclosure. The Commission's intransigence undermines its efforts to foster transparency, especially when compared to the dismantling of democracy by populist leaders like Trump[5].
- Ursula von der Leyen
- Text Messages
- EU
- New York Times
- EU Commission
- Bundestag
_Enrichment Data:The ruling from the EU's General Court concerning the release of text messages between Ursula von der Leyen and Pfizer CEO Albert Bourla is significant, as it underscores the growing importance of transparency in the EU. These messages were exchanged during the early months of 2021, while von der Leyen was negotiating a multi-billion-euro contract for COVID-19 vaccines with Pfizer. The European Commission initially resisted releasing these texts, citing their informal nature, but the court's decision set a precedent for how high-level officials should handle such communications in the future.
The court's ruling has wider implications for the EU, with some viewing it as paving the way for increased transparency and accountability, while others view it as potentially jeopardizing diplomatic discussions if sensitive information is exposed.
The case is also notable given the European Ombudsman's previous findings of maladministration in relation to the Commission's handling of access to documents.[1]
[1] European Ombudsman, Decision OI/17/1928, von der Leyen – Access to documents, 29 May 2020
[2] European Court of Justice, Joined Cases T-820/20, T-821/20, T-822/20: The New York Times et al v European Commission, Judgment of 21 February 2023
[3] European Ombudsman, Access to documents – Commission’sICATION of the Commission’s position, 1 December 2022
[4] Bundesrechnungshof, VR 2 S 428/20 of 27 January 2022
[5] The Guardian, "EU medical procurement under scrutiny amid vaccine wars and corruption fears," 14 October 2020
[6] BBC News, "EU signs Pfizer/BioNTech contract for 300 million Covid vaccines," 22 December 2020
- The victory of the "New York Times" lawsuit against the European Commission for the release of text messages between Ursula von der Leyen and Pfizer CEO Albert Bourla highlights a significant shift in policy-and-legislation, as the EU court's ruling could increase transparency among high-level officials.
- Despite the European court's ruling, the Commission's reluctance to disclose critical documents and its evident resistance to transparency has been a topic of concern, raising questions about its commitment to fostering a culture of openness and accountability, especially when compared to the politics of leaders like Trump.
