In a letter addressed to O'Reilly, and copied to the President of the European Commission, Jean-Claude Juncker, Barroso challenges the content of the 17 pages of recommendations from the Ombudsman to the European Commissionon published on Tuesday about a joint investigation into three charges of lobbying European institutions on behlaf of Goldman Sachs, after standing down as president of the EC.

In September 2017, EC President Jean-Claude Juncker, in response to questions raised by O'Reilly, on Barroso's nomination as a non-executive director of Goldman Sachs International (GSI), said that an ethics committee would analyse the former President's contract with the US investment bank and that he had instructed his office to treat Barroso like any other lobbyist with ties to Brussels, on any future visits.

After he was hired by Goldman Sachs in June 2017, the Commission insisted that Barroso's nomination was in line with the principles on conflicts of interest outlined in his Code of Conduct, which sets a minimum period of 18 months before former European Commissioners can take on new roles.

Barroso was nominated to Goldman Sachs 20 months after he left the EC, where he was President between 2004 and 2014.

"A specific legal framework exists for the employment of Commissioners after their mandate; which has been scrupulously respected, as confirmed by two competent independent authorities, the Ad Hoc Ethical Committee (AHEC) and the European Anti-Fraud Office (OLAF)," Durão Barroso argued in the letter sent to O'Reilly.

The former EC president criticises the fact that, nowhere in the 17 pages of recommendations does the Ombudsman, "summarise or set out [her] assessment of the arguments and views presented,” in a letter that Barroso previously addressed to O'Reilly.

“Such a partisan approach belies any sense of due process, [as] this legal framework is the only context in which my personal case could be evaluated by the Commission,” he said.

In view of this, Durão Barroso reminded O'Reilly what her duties are: "As the Ombudsman, your role is to investigate possible maladministration by EU institutions for the benefit of EU citizens, and to make recommendations for relevant institutions in the event that maladministration is identified. . "As I understand it, your role in this matter is, therefore, to ensure that the relevant legal framework has been respected by the Commission and, where necessary, to suggest improvements to the relevant framework (such as, for example, the Code of Conduct )," he added.

“It is, therefore, unacceptable that your Recommendations appear to include a review and critique of the evaluation made by an independent competent authority of my individual situation,” he said, adding he was “surprised” the Ombudman felt, “free to contradict the conclusions reached by the independent AHEC, namely that there was, in my case, no violation of the legal obligations laid down.”

"I also note that you make no reference at all to the independent investigation of OLAF, mentioned to you in my letter, and which found no evidence of wrongdoing on my part and was duly closed without recommendation for any follow-up," said Barroso .

Noting that the European Ombudsman's recommendations seem now to be focused on the meeting he held with Vice-President Katainen in the autumn of last year, the former European leader complained that, O'Reilly also failed to find out his side of the story in relation to this meeting.

"That is unfortunate because I could have dispelled any concerns," he said, adding that here, once again, the Ombudman's recommendations go, "beyond what is required in the context of your function of addressing possible maladministration on the part of EU institutions and assesses my individual situation."

On this, he pointed out: "Unlike the Commission, as the subject of your inquiry, I, as a named and affected third party, appear to have no formal right to reply to your Recommendations."

He added that O'Reilly "ignores the explanations given by Mr Katainen himself, including in a European Parliament debate (on 28 February), that this was a private meeting of personal nature and did not involve any lobbying on behalf of Goldman Sachs, "and also ignores" the fact that the current President of the European Commission has stated that it was the meeting that fully respects the rules of the Commission," Barroso said.

"Goldman Sachs has also stated publicly that any meetings I may have with my officials are in my personal capacity and that I have recused myself from representing the bank in any interactions with US officials," he noted.

"Further, I cannot help noting that your approach would mean that it would be virtually impossible for me to meet on a private basis with any of my friends and former colleagues of ten years at the Commission, for an undetermined period,” when “the current President has stated that I am not in any way prevented from having meetings with current Commissioners," Barroso said in the letter.

The former EC President pointed out in the letter that this investigation will focus on how the Commission dealt with his appointment to Goldman Sachs at the end of 2016, and therefore his meeting with Katainen "some 12 months later cannot properly bear on the subject matter of your inquiry."

“There are numerous other issues with the Recommendations which, in my view, constitute a thinly veiled ad personam political attack. It is a bitter irony that you have sought to use your office in this way,” he added.

To conclude the letter, Barroso confronts the European Ombudsman with the need to inform him about the legal means at his disposal to defend himself, bearing in mind that his recommendations cannot be challenged in court and that they concern his individual actions and affect his individual rights.

“If, however, your Recommendations do not involve any legal assessment of my actions then I think you should make that clear; at present, it is not,” he concludes.