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The Work of the European Ombudsman

The Work of the European Ombudsman. Transparency and Access to Documents. The European Ombudsman. Maastricht Treaty 1992 To reinforce the safeguarding of the rights of EU citizens To help uncover maladministration in the activities of EU institutions, bodies, offices and agencies

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The Work of the European Ombudsman

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  1. The Work of the European Ombudsman Transparency and Access to Documents

  2. The European Ombudsman Maastricht Treaty 1992 To reinforce the safeguarding of the rights of EU citizens To help uncover maladministration in the activities of EU institutions, bodies, offices and agencies To make recommendations Complaints and own initiative

  3. EU Charter of Fundamental Rights • Art. 41 Right to good administration • impartiality, fairness, reasonable time • right to be heard on adverse measures • access to own file • obligation to give reasons • Art. 42 Right of access to documents • Art. 43 Right to refer to the European Ombudsman cases of maladministration

  4. Complaints and inquiries in 2017 Complaints handled: 2,181

  5. Country statistics Highest number of complaints fromSpain (410) Followed by Germany and Poland Highest number of inquiries fromBelgium (73 from 134 complaints)

  6. Examples of resolved complaints:(1) EEAS unpaid traineeships • Complaint from Austrian citizen; unpaid trainee in EU delegation in Asia • Ombudsman asked EEAS to give appropriate allowance based on cost of living • EEAS agreed and received approval from the EU budgetary authorities for funds to do so

  7. Examples of resolved complaints :(2) Belgian NGO and EU funds recovery • COM sought to recover c. €85,000 from Belgian NGO after audit found problems with time-keeping system; project had been successfully delivered. • Ombudsman found audit had recognised some of the results and working time as legitimate. • Recommendation that COM reduce amount to be recovered by almost €37,000 – accepted.

  8. Regulation EC1049/2001 Right of public access to documents Subject to exceptions Some “absolute” Some subject to overriding public interest Application and review process Time limits Remedies – Court or Ombudsman

  9. Recent examples Frontex Serious Incident Reports But not location data for interceptions PAKS II Nuclear power plant – decision to stop infringement proceedings Access to evaluation grid in selection process Legal opinion on money laundering directive

  10. Comparison with other regimes UK FOI Act Other member states Environmental Information Ombudsman/Information Commissioner Role Powers Advantages/disavantages

  11. All face similar issues...

  12. Transparency Not just about public access to documents Transparency of law-making Transparency in conduct of officials Improving citizen engagement Relevance of the EU Trust in the EU institutions

  13. Transparency & citizens’ rights in Brexit negotiations • In response to EO letter (Feb 17), Council/COM commit to transparency • EO also point out need to involve ENO (c) Ilovetheeu • EO letter to President Juncker (Feb 18) on stakeholder involvement • Further work needed when trade talks begin

  14. Council accountability inquiryPositions of EU governments on EU legislation

  15. Special Report to parliament Public scrutiny needed during discussions on draft laws EO inquiry concerned transparency of COREPER and over 150 other committees/working parties Council response listed some improvements Recommendation (Feb 2018) called for improvements:- completeness of register of documents- recording of Member States’ positions- classification of documents, access restricted (LIMITE) New Special Report to EP to seek support from Parliament for recommendations to Council

  16. Push for reform of Commissioners’ ethics

  17. Barroso case & Code of Conduct Initiative on Commissioners and ethics; main issues: Longer cooling-off periods;rules on declarations of interest; improved Ethics Committee Proposal revising Code of Conduct (Sep 17) good start Letter to President Juncker on Barroso (July 16) after three complaints; Barroso inquiry opened (March 17) Recommendation (March 18) that Ethics Committee reassess Barroso case, in light of lobbying revelations Commission reply (May 18) declining recommendations

  18. ECB – ‘Group of 30’

  19. ECB – ‘Group of 30’ Complaint about ECB President membership of G30 Prominent representatives of private global banks under ECB supervision on Washington DC based G30 Limited transparency about G30 Board of Trustees and member-only private meetings Ombudsman recommended (Jan 2018) that ECB President Draghi should suspend membership of G30 ECB refused (April 2018)

  20. Award for Good Administration 2019 • 2017 Award: - 90 initiatives; from all EU institutions, many agencies- Seven categories; one overall winner • 2019 Award: - End-2018: call for nominations- Award ceremony (2nd quarter 2019)

  21. www.ombudsman.europa.eu@EUOmbudsman

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