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Schweden erklärt EU-Transparenz zur Priorität

Veröffentlicht 18. Februar 2009 - Aktualisiert 29. Januar 2010
Druckoptimierte VersionEinem Freund senden

Der europäische Ombudsmann drückte gestern (17. Februar 2009) seine Überzeugung aus, dass Schweden, im Rahmen seiner EU-Präsidentschaft, darin voranschreiten würde, die EU für ihre Bürger transparenter und berechenbarer zu machen. Unterdessen bestanden die Europaabgeordneten darauf, dass im Falle einer Reform der Dokumentenrichtlinien, keine gesetzgebenden Dokumente mehr unter Verschluss gehalten werden dürften.

"Transparency is a big issue this year," EU Ombudsman P. Nikiforos Diamandouros told EurActiv, insisting that "all three [EU] institutions agree that access to documents must be revisited". 

"It will be a big event for citizens if the Council moves forward on access to documents in the autumn," Diamandouros continued. Sounding a cautious note, however, the Ombudsman warned that "it's one thing to have declarations, but it's quite another to see how they're applied". 

"I would be inclined to think that if [incoming EU presidency holder] Sweden doesn't get an advancement of the current regime, it will drop the [current] proposals for fear of going back on what we already have," the Greek said. 

Diamandouros said 36% of citizens' complaints in his annual report for 2008, set to be presented on 27 April, concern transparency and access to documents. 70-75% of these address the European Commission, with the remainder primarily regarding the EU's recruitment office (EPSO) and the European Parliament. 

The Ombudsman conceded that the "vast majority" of the 3,500-4000 complaints he receives each year from citizens are inadmissible, because they should be dealt with at national level. 

Asked whether he wished to continue beyond the end of his current mandate in June, Diamandouros said he had not yet decided whether to reapply, but would make up his mind within a month. "My mandate ends with that of the Parliament," he said, explaining that it would take the new EU assembly until December or January to conduct hearings for the next Ombudsman, as appointing the new Commission must take priority.

Parliament report on access to documents  

Meanwhile, members of the European Parliament's committee on civil liberties, justice and home affairs yesterday adopted a report calling for a "more transparent system of information for the public and a common interface for registers of documents". 

MEPs approved a text drafted by UK Labour MEP Michael Cashman regarding the revision of a 2001 Regulation on the right of public access to EU documents. The Parliament is currently working in tandem with the Council to revise the legislation. 

The committee demanded that legislative dossiers be made completely public, including the positions of national delegations to the Council, and called on the EU institutions to make sure that "all documents" are contained in their registers. 

"MEPs must have access to documents classed as secret," the report further declared. It defines document as "any data or content [that concerns] a matter relating to the policies, activities and decisions falling within the institutions' spheres of responsibility". 

If adopted, legal service opinions would have to be made public when they deal with legislative procedures, and the EU institutions would no longer be able to keep legislative documents secret on the grounds that they could undermine decision-making processes. 

Moreover, the report calls for documents originating from a national government and received by the EU institutions to be disclosed too. "Member states should ensure that their citizens enjoy at least the same degree of transparency as that provided at EU level," MEPs further stressed. 

The report further establishes a scale for classifying documents. Should their disclosure be considered harmful to EU or national interests, files could be held back as "EU restricted" or "EU top secret," but only if they do not concern legislative procedures and satisfactory reasons for doing so are given. 

The Parliament's full plenary will vote upon the Cashman report in Strasbourg in April. 

Stellungnahmen: 

Welcoming the adoption of the Cashman report, EU Ombudsman P. Nikiforos Diamandouros said the text supported his recommendations for more openness. "The Cashman report is an important step forward," he said, expressing his belief that it would be taken as a starting point for the incoming Swedish EU Presidency, which has singled out transparency as one of its priorities. "The Swedes are big on transparency," he added. 

Diamandouros explained that under Cashman's proposals, member states would not have an absolute veto right "but can refuse to release documents on national security grounds". "Documents in possession of the EU institutions are by definition public, and specific exceptions must be made within the law," he added. 

Italian MEP Marco Cappato, shadow rapporteur on the Cashman report on behalf of the ALDE group, declared himself "satisfied" with the vote's outcome. "With this vote, the European Parliament marks another important step towards ensuring stronger democracy in the European Union, as accountability and access to documents are fundamental rights," he stated. 

"The European Parliament has adopted a series of important changes to the regulation that would ensure the concrete application of what [the EU assembly] had requested in the report I drafted on the implementation of access to documents […] approved on 14 January," Cappato continued. 

"The original Commission proposal meant less access to EU documents. The European Parliament must now turn the proposed regulation into a strong instrument as demanded by the United Nations Convention against Corruption (Article 13), which has been ratified by the European Community and almost every EU member state. It is only with robust and enforced 'freedom of access to EU information' that civil society can hold the institutions to account," said Jana Mittermaier, head of the Brussels office of Transparency International (TI), an NGO. 

"The opportunity to revise this regulation needs to be seized in order to promote transparency and ensure the participation of the public. Not only should European Council documents be made accessible, but light needs to be shed on the work of the Council of Ministers and the disclosure of the positions of each EU member state," added Miklos MarschallTI's director for Europe and Central Asia. 

Nächste Schritte: 
  • April 2009: MEPs to vote upon Cashman report in Strasbourg plenary. 
  • 27 April 2009: Ombudsman to present his annual report for 2008. 
  • July-Dec. 2009: Swedish EU Presidency. 
Hintergrund : 

Entitlement to access European Commission, European Parliament and EU Council documents is considered a fundamental right of European citizens and a key element of the wider debate surrounding the transparency and openness of the EU institutions. 

At the beginning of the month, EU Ombudsman P. Nikiforos Diamandouros urged the European Commission to set up a "comprehensive" document register, responding to complaints from transparency NGOs that the EU executive fails to register the "vast majority" of its documentation (EurActiv 02/02/09). 

The Parliament's Cashman report on access to documents, approved at committee level yesterday with 26 votes in favour and five against amid 15 abstentions, builds on an earlier text drafted by Italian MEP Marco Cappato (ALDE) adopted last month (EurActiv 15/01/09). 

The Commission adopted a Green Paper on public access to EU documents in April 2007. Meanwhile, citizens' rights in this field are set out in a 2001 Regulation on public access to Parliament, Council and Commission documents, to which the EU executive proposed amendments in April 2008. 

Last summer, EU Ombudsman P. Nikiforos Diamandouros slammed the Commission's proposals, telling MEPs that they "would mean access to fewer, not more, documents," raising "fundamental issues of principle about the EU's commitment to openness and transparency" (EurActiv 03/06/08). 

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