MCC Brussels Files Complaint with European Ombudsman Over EU Commission’s Concealment of DSA Proceedings on Romanian Presidential Elections

PRESS RELEASE

Brussels, 28th April 2025 - MCC Brussels has filed a formal complaint with the European Ombudsman regarding the European Commission’s refusal to disclose key documents related to ongoing Digital Services Act (DSA) proceedings concerning the Romanian presidential elections.

The complaint follows multiple unanswered requests from MCC Brussels for access to information on how the Commission is applying the DSA in Romania’s electoral context- an issue of urgent public interest as the country prepares for the next round of voting on 4 May 2025.

Despite former Commissioner Thierry Breton publicly warning of widespread DSA enforcement in national elections, the Commission maintains that no overriding public interest justifies transparency in this case. While it has acknowledged the existence of two DSA proceedings, it cites an exemption for ongoing investigations as grounds for withholding documents- an exemption that does not apply where there is significant public interest, particularly in matters involving potential foreign interference.

“There is no such thing as true disclosure in the Commission’s vocabulary,” said Frank Furedi, Executive Director of MCC Brussels. “They demand transparency from others while shielding their own activities from scrutiny. Their opportunistic use of the DSA in Romania—behind closed doors- is unacceptable. The Commission’s attempt to create a transparency-free zone for itself must be challenged.”

MCC Brussels warns that the undisclosed documents may contain information relevant to alleged Russian interference in the now-annulled first round of Romania’s presidential election-making the lack of disclosure even more serious.

A prior complaint submitted directly to the European Commission remains unanswered, despite the legal deadline for a response having passed.

“The Commission’s habit of ignoring uncomfortable questions past legal deadlines is well documented,” Furedi added. “In this case, the timing is particularly suspect, with the next round of elections just days away. The Romanian people deserve to know what role the EU is playing in their democratic process. While we welcome the Ombudsman’s investigation, this must only be the beginning. Elected officials, the press, and the public must continue to demand accountability.”

MCC Brussels is calling on all democratic institutions to ensure that the European Commission upholds its stated commitments to transparency, openness, and democratic accountability- principles that are especially critical in a pivotal election year for Europe.