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8 November 2009
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Ombudsman report highlights EU's lack of transparency 

Published: Tuesday 28 April 2009   

Being refused access to documents was "by far" the most common allegation made by citizens to the EU Ombudsman last year, revealed a report presented yesterday (27 April).

Background:

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. 

By adopting a report drafted by UK Labour MEP Michael Cashman in March, the Parliament decided that making all EU legislation available to the public must be a basic principle of the Union (EurActiv 12/03/09). 

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. The Cashman report amended those plans. 

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). 

More on this topic:

Other related news:

Over a third (36%) of citizens' complaints to EU Ombudsman P. Nikiforos Diamandouros concerned "lack of transparency in the EU administration," according to his annual reportPdf external for 2008, a figure presented yesterday and revealed by EurActiv in February (EurActiv 18/02/09). 

Other types of maladministration identified in the report included "late payments for EU projects, unfairness, abuse of power and discrimination," the Ombudsman said. 

Most complaints concern Commission 

Most complaints concerned the European Commission (66%), followed by the European Parliament, the European Personnel Selection Office (EPSO), the Council and OLAF (the European Anti-Fraud Office). 

Diamandouros was able to close a record 355 inquiries last year, and indeed was able to offer assistance in almost 80% of the 3,406 complaints received in 2008 from citizens, companies, NGOs and associations. 

But three quarters of the complaints the Ombudsman receives each year are outside his mandate, leading him to launch an interactive guide last month for citizens wishing to complain about the EU institutions in an attempt to ensure that the complaints he receives are admissible (EurActiv 16/03/08). 

The assistance the Ombudsman is able to offer varies from case to case, and includes opening an inquiry, transferring the complaint to the competent body, or giving advice on where else to turn. 

The Greek received more complaints from companies, NGOs and regional offices last year than ever before, just under a third (26%) of the total. 

"I am working hard to reach out to stakeholders who are in contact with the EU administration, for example, in the framework of EU projects," he explained, expressing satisfaction that such entities were increasingly using his services to solve their problems. 

Germans complain the most 

Germans complained the most to the Ombudsman last year, and were responsible for 16% of the total. Next were Spaniards (10%), Poles (8%) and the French (7%). 

But taking population size into account, the highest proportion of complainants came from Malta, Luxembourg, Cyprus and Belgium. 

36% of the Ombudsman's investigations "were either settled by the institution complained against or were the result of a friendly solution," he said. 

His other options include issuing "critical remarks", or submitting special reports to the EU institution(s) concerned. 

Two notable examples of such reports issued last year concerned the Commission. Last December, Diamandouros accused the EU executive of discriminating against freelance interpreters who are over 65 by neglecting to offer them work (EurActiv 16/12/08). 

In the spring, the Ombudsman said a refusal by the Commission to conduct its external assistance work in all 23 official EU languages constituted maladministration (EurActiv 28/05/08). 

Positions:

Presenting his annual report for 2008 yesterday, EU Ombudsman P. Nikiforos Diamandouros said: "An accountable and transparent EU administration is key to building citizens’ trust in the EU. I therefore call on the European Commission to amend its proposals to reform the legislation on public access to documents in order to give the widest possible access to citizens and other stakeholders." 

Describing the Ombudsman's findings as "just the tip of the iceberg," Libertas chairman Declan Ganley said "people throughout Europe are aggrieved at the behind-closed-doors attitude in Brussels". 

"Brussels pays nothing more than lip service to transparency. The European Commission allows lobbyists to declare their interests only if they feel like it, and gives guidelines to its staff on how to circumvent transparency rules," he continued. 

"For as long as the Commission remains a club of unelected elites, transparency will not improve," Ganley concluded. 

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