Kolumni The Parliament Magazinessa: The changes to the Statute of the European Ombudsman an important step on the way to the EU transparency 25.7.2008

When drafting the amendment proposals for the Statute of the European Ombudsman I was quite a surprised how hard it is to increase transparency in the European Institutions. An opposition towards the amendments was really tough especially from the Parliament’s largest Group, the EPP, at the Committee stage.

The highly controversial issue was particularly access to documents. The EPP strongly objected to “free access” to all documents. I am very happy that at the end a compromise was found. This guarantees unlimited access for the Ombudsman to all documents provided that he respects rules that are strictly similar to those in force within the institutions or bodies that supply those documents. 

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The European Parliament approved the Report on the Statute of the European Ombudsman on the 18th of June. This was an important step on the way to the EU transparency.

The most important change guarantees that the Ombudsman will have full access to the EU documents during his inquiries in the future. In addition, the Ombudsman’s co-operation with his national counterparts and international institutions will be facilitated. The modifications also include clearer provisions when the EU officials testify at the request of the Ombudsman in the course of an inquiry. The above-mentioned changes will essentially help the Ombudsman to improve the service that he provides for the European citizens. 

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If the Treaty of Lisbon will be ratified in all the Member States, the Charter of fundamental rights becomes legally binding. This reflects a growing realisation that citizens should be placed at the centre of Europe’s concerns. Also from the European Ombudsman’s perspective, the Charter would be groundbreaking in recognising, for the first time, the right to good administration as a fundamental right of the European Union citizenship.

Whether the EU leaders will find the solution to the EU’s latest crisis and the Treaty of Lisbon will come into force, or not, it is self clear that we have to continue fighting to increase the EU transparency.

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“The Commission’s proposals would mean access to fewer, not more documents” and that the new code “ignores the lessons of the past”, has the European Ombudsman Nikiforos Diamandouros criticized the European Commission’s new proposals on document access. The Commission’s proposals to update a 2001 law on document transparency have been subject to a strong criticism by several Member States, MEPs and NGOs for being too restrictive.

In order to ensure that the European Union is able to function democratically, it has always needed and needs the legitimization of its citizens. According to the latest Eurobarometer survey published in June 2008 only half of Europeans say that they trust the European Union. This is something we should be really worried about.

What comes to the Commission’s proposals to update a 2001 law on document transparency, I think that the real democratic deficit is in the Council, and we cannot accept anymore that the Council votes behind the closed doors. It is time for new open Europe.

Member of European Parliament Anneli Jäätteenmäki (ALDE)
Vice-Chairwoman of Constitutional Affairs Committee,
Rapporteur on the Statute of the European Ombudsman

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