Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-11-25-Speech-4-013"
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"en.20101125.4.4-013"2
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"Mr President, please bear with me because I will try to respond to our three rapporteurs and the Ombudsman. I would like to start by thanking Ms Nedelcheva, Ms Paliadeli and Ms Lichtenberger for their reports. It is very clear that we share the same goals: namely, that administration should be efficient and professional and that European law be respected. That is the basis on which we intend to discuss these matters and, I am sure, to seek a positive result.
In the field of transparency and access to documents, the Commission thoroughly examines all the complaints addressed to it by the Ombudsman.
One of these cases led the Ombudsman to submit in 2010 a special report to Parliament and this is the subject of Ms Paliadeli’s report. I regret that this special report was sent shortly after the Commission had taken a final decision in the case. Nevertheless, I acknowledge that the time taken for reaching this decision was excessive, even if it was due to the failure of the third party to respond to the Commission’s proposal. I would like to stress that the Commission is fully committed to sincerely cooperating with the Ombudsman. There is no question of unwillingness to cooperate on the part of the Commission and certainly no intention to obstruct the Ombudsman’s work in any way. The Commission always strives to cooperate closely with the Ombudsman. However, some requests for access to documents are particularly complex or voluminous and cannot be handled within normal timeframes. The Commission handles around 5 000 access requests per year, of which only 15 to 20 lead to complaints to the Ombudsman.
The entry into force of the Treaty on the Functioning of the European Union has made it possible to start thinking about how to achieve a common approach in order to establish an open, effective and independent European administration. The Commission therefore considers that an interinstitutional dialogue is needed before presenting any legislative proposal. A positive outcome here seems possible, and cooperation between the two institutions on the matter should ensure it.
If you will allow me, Mr President, I will also respond to Ms Lichtenberger because she has made a great effort to be here this morning. I would like to assure her that the Commission attaches great importance to the correct application of EU law and, as you know, this was among the priorities of the Barroso Commission. Already in our communication ‘A Europe of results’, in 2007, the Commission committed itself to improving its working methods to ensure the more efficient pursuit of problems arising in the application of EU law, focusing on the issues which cause the most problems for citizens and businesses. I said in this communication that the annual report represents more of a strategic evaluation of the application of EU law, identifying the main challenges, setting priorities and programming work according to those priorities. The Commission welcomes Parliament’s response to this report. The following remarks pick up on some of the key issues.
Concerning the provision of information on infringements, the Commission is in the process of implementing the new framework agreement with Parliament. It is committed to providing Parliament with the information set out in that agreement. The Commission also looks forward to associating Parliament with its work on the ‘Your Europe’ portal to ensure that citizens know where to go to find the information that they seek.
We welcome Parliament’s recognition of the contribution of the EU Pilot project to a properly functioning, citizen-focused European Union, in accordance with the Lisbon Treaty. This project is designed to ensure that citizens’ concerns and complaints about the application of EU law are followed up, and that is, of course, a major consideration for us. In doing this work, the Commission has to respect the confidentiality to which the Court of Justice has confirmed that the Member States are entitled concerning the investigation of alleged application issues and potential infringement proceedings.
Therefore, while the Commission provided extensive information in its report adopted in March this year on the functioning of the EU Pilot project, it does not grant access to, or divulge information on, the particular cases being handled under EU Pilot. At the same time, the Commission recognises the importance of ensuring the timely provision to citizens of a full and clear evaluation of the outcome of work done with the Member States in EU Pilot, and it is committed to ensuring that complainants have an opportunity to comment on the outcome.
On the question of the adoption of the procedural code under Article 298, the Commission understands that a working group has been set up in Parliament to study the potential scope and content of such an initiative. The Commission also considers it appropriate to weigh the outcome of initial work on the overall issue before considering any more specific elements. For the moment, therefore, we reserve our position on all aspects.
The Commission is also preparing to provide up-to-date information on the resources devoted to the application of EU law. The draft resolution being discussed today covers a wide range of issues and, in its response to the resolution, the Commission will provide additional explanations which would be very difficult to provide today, mainly through lack of time.
Mr President, honourable Members, we are glad to share the common interest in the current application of EU law for the benefit of EU citizens and businesses. The effective application of EU law is one of the cornerstones of the EU, as a well as a key component of smart regulation.
Turning to Mr Diamandouros, I would also like to express my appreciation for his close cooperation with the Commission. I think this is a special day for him because he can see that his work is also very highly appreciated by the European Parliament. I can assure you that the communication between us and between our services is very intense. Hardly a week passes when I do not send a letter of explanation to the Ombudsman and get a response from him. This is how we try to find the right solutions in our work. Of course, there are some outstanding issues on which we are working, but I think that is simply proof of our fruitful communication.
I would like to apologise to the interpreters for speaking so quickly. Thank you very much for your patience, and thanks to all of you for your attention.
I would like to emphasise that the Commission welcomes Ms Nedelcheva’s report, which offers a clear and exhaustive overview of the Ombudsman’s activities for the past year. In fact, in the Ombudsman’s report on his 2009 activities, the results of his various inquiries are clearly presented, illustrated with examples and classified into categories according to the nature of the cases of maladministration or the institution concerned.
As Mr Diamandouros has already said, in 2009, the Ombudsman recorded a total of 3 098 complaints, as against 3 406 in 2008. This represents a 9% decrease on the year, but we are fully aware that 56% of the inquiries were addressed to the Commission. We are also aware that the most frequent claims for maladministration concern a lack of transparency, including a refusal to provide information, and I am committed to tackling such cases further.
The Commission welcomes the efforts made by the Ombudsman to further reduce the average length of his inquiries to nine months. The Commission stresses, however, that its own deadlines for internal consultation and for the College of Commissioners to endorse its replies should be taken into consideration by the Ombudsman in his efforts to reduce the time for dealing with a complaint. Each response is confirmed and endorsed by the College, and it takes some time to reach the College.
It should be noted that the Ombudsman has conducted an intensive information campaign, which has resulted in greater awareness of citizens’ rights and better understanding of his spheres of competence. In this regard, the Ombudsman tends readily to issue press releases, and these are often published at a stage when the Ombudsman has just sent the Commission a draft recommendation, thus leaving no room for the Commission for defence, since its reply is still ongoing.
In some cases, a friendly solution may be found if the institution offers redress to the complainant. This solution is freely offered, without involving liability issues or setting a legal precedent. If a friendly solution cannot be found, the Ombudsman can make recommendations to resolve the case. If the institution does not accept his recommendations, he can make a special report to Parliament. In 2009, there were no special reports sent to Parliament by the Ombudsman. A special report was sent to Parliament in 2010 regarding a complaint on access to Commission documents.
Relations with the Ombudsman have occasionally given rise to differences of opinion. This has been the case with inquiries concerning infringement procedures. The Ombudsman often argues that the Commission has not provided a sufficient explanation of its position, which clearly requires a response from the Commission on the substantive content of its reasoning and comes close to a debate on the merits of the Commission’s line. However, the Commission has tended to respond at great length to the Ombudsman, setting out in detail, and backing up, the interpretations of the law that have been applied, while adding a disclaimer about differences in interpretation of the law and stressing that the final arbiter is the European Court of Justice.
Given the developments which have occurred in recent years on the registering and treatment of complaints (the ‘EU Pilot’ project), as confirmed in its annual report on monitoring the application of EU law in 2009, the Commission would like, in the near future, to update its Communication of 23 March 2002 on relations with the complainant in respect of infringements of Community law. I have personally met the Ombudsman and was able to inform him about these developments."@en1
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