Author: Stephanie Schiedermair
1. The Board shall elect a chair and two deputy chairs from amongst its members by simple majority.
2. The term of office of the Chair and of the deputy chairs shall be five years and be renewable once.
I. Legal background
Art. 29 DPD required that the Art. 29 WP elect its chair; the latter’s term of service be of two years; and its appointment be renewable. As was also the case with the Art. 29 WP, the Chair of the EDPB is a member of the EDPB. The proposal put forward by the Comm, namely to have the EDPS act as either the Chair or the deputy, came up against opposition from the Council and the EP. The proposal made by the EP not to turn the position of Chair into a full-time position but rather to fill it by releasing individuals from other functions, was not successful in the trilogue procedure although it had been supported by the Art. 29 WP. Although one can have legitimate concerns about how the Chair can find the time to combine their duties with their position as head of a SA in a Member State, it is, on the other hand, important to remember that the exercise of such functions in a Member State ensures that the matters addressed by the Board are of practical relevance to the Chair.
II. Analysis
The Chair is elected by a simple majority of the other members for a period of five years in principle; and this term is renewable only once to create a total term of no more than ten years. The same applies to the two deputy chairs, who are also elected by the members of the Board. The limit imposed on the term of office and the re-election option guarantees that the Member States alternate in holding the position of Chair of the Board. The Chair represents the Board in its external relations and manages the business of the Board in cooperation with the deputy chairs and the secretariat.
The procedure for the appointment of the above chairs, as well as the term of service and end of term of service and dismissal is regulated under Arts. 5 to 7 of the EDPB rules of procedure.