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TOUTES LES RUBRIQUES

Le Parlement insiste pour rendre tous les documents accessibles au public

Publié 18 décembre 2009
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La législation communautaire sur l’accès aux documents devrait être élargie et comprendre toutes les institutions européennes, entités et agences suite à l’adoption du traité de Lisbonne, ont dit les eurodéputés hier (17 décembre), critiquant la Commission européenne pour avoir échoué à mettre les règles à jour.

In a resolution adopted at its Strasbourg plenary yesterday, the European Parliament expressed concern that "in spite of the clear requests" it made last spring, "the Commission has not put forward a modified version of its draft law". 

Commenting after the vote, Finnish MEP Heidi Hautala, Greens/EFA shadow rapporteur on the issue and co-author of the resolution, said "the Parliament has sent a strong message to the Commission that it will not tolerate any backward steps on public access to documents and the transparency of EU decision-making". 

Back in March, MEPs approved a report drafted by UK Labour MEP Michael Cashman regarding the revision of a 2001 regulation on the right of public access to EU documents (EurActiv 12/03/09). 

The report amended Commission plans to improve public access to EU documents, published by the EU executive in April 2008. 

Despite adopting Cashman's draft, however, the Parliament decided to postpone its vote on an accompanying legislative resolution to give the Commission the opportunity "to modify its proposal". 

Yesterday's resolution criticised the EU executive for having so far failed to respond to these demands. 

EU executive 'willing to contribute' 

Expressing the EU executive's willingness to contribute to reaching an agreement "as in other legislative processes," Joe Hennon, spokesperson for Commission Vice-President Margot Wallström, told EurActiv that "further progress in the legislative process leading to the adoption of an amended Regulation 1049 [on access to documents] is in the hands of the legislator," referring to the Parliament and the Council. 

"We are still at the stage of the first reading. At this stage we do not have a legislative resolution and we do not have the position of the new Parliament," Hennon added. 

Rules should apply to all EU agencies, bodies 

The scope of EU access to documents legislation should be widened following the entry into force of the Lisbon Treaty "to cover all EU bodies, offices and agencies, including the European Central Bank, the European Court of Justice, Europol and Eurojust," the European Parliament demanded yesterday in its resolution. 

MEPs want to grant citizens access to legal service opinions, Council documents – including positions and votes cast – and files related to international agreements, protection of personal data and the content of institutions' registers. 

The resolution also called for the development of more user-friendly systems to grant citizens access to EU documents, urging the creation of a common webpage bringing together links to sites that promote public access. 

Rejection threat 

Greens/EFA MEP Hautala, meanwhile, argues that "if the Council and the Commission do not budge from their positions, Parliament should reject the whole proposal". 

"The present legal situation is already very satisfactory, thanks to transparency-friendly interpretations of the law in the EU courts," Hautala said. 

Yesterday, the European Parliament again refrained from taking a final vote on the legislation, preferring instead to wait for the Commission to respond to its demands.

Réactions : 

Granting access to information "will enable an objective evaluation of the implementation of EU rules, acts, measures and programmes in the member states," said the European Parliament in its resolution on access to documents, adopted in Strasbourg yesterday. 

Commenting after the vote, Finnish MEP Heidi HautalaGreens/EFA shadow rapporteur on the issue and co-author of the resolution, said "the EU Charter of Fundamental Rights, now an integral part of the Lisbon Treaty, makes clear that citizens have a right to know," adding: "There can be no justification for the Commission's attempt to withdraw documents from the public eye." 

Expressing her disappointment with the "confusion on the transparency of decision-making within the Council," Hautala said "the Swedish government, which helped put important rules in place during their last EU presidency in 2001, has now been taken hostage by governments aiming to limit access to information". 

"The Swedish Presidency has also failed to engage in early negotiations with the European Parliament on this issue," she lamented. 

"With the Council and Commission both gunning against transparency, I am glad that the European Parliament has indicated it will stand firm in the defence of citizens' rights," Hautala concluded. 

Prochaines étapes : 
  • 2010: EU institutions to return to the issue. 
Contexte : 

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. 

A Parliament report on access to documents, drafted by UK Labour MEP Michael Cashman, was approved on 11 March 2009 (EurActiv 12/03/09) after being adopted at committee level on 17 February (EurActiv 18/02/09). 

The Cashman report builds on an earlier text drafted by Italian MEP Marco Cappato (ALDE) and adopted in January (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. 

MEPs are currently working in tandem with the Council to revise the legislation under the co-decision procedure. 

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