Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-10-27-Speech-4-014"
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"en.20051027.3.4-014"2
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".
Mr President, I wish to begin by thanking the rapporteur, Mr Mavrommatis, for his report, which is a very useful document. It allows the Commission to take into account the views of the European Parliament on a number of important issues raised by the Ombudsman in his annual report for 2004.
The role of the Ombudsman in this field is really important. We have made significant progress in the direction of better and more transparency. This is the case in particular for access to documents in infringement procedures. It is essential that the Commission should have the necessary room for manoeuvre to conduct its procedure totally independently. In these cases, a balance needs to be found between the transparency principle and confidentiality. For closed infringement procedures, the Commission has reviewed its practices and, in principle, documents have now been made available.
The Commission is set on applying procedures that will allow the European Ombudsman to do his job. For example, it is now possible for the Ombudsman to inspect files. It allows him to verify the completeness and accuracy of the information supplied by the Community institution or body concerned. It is, therefore, an important guarantee to the complainant and to the public that the Ombudsman can conduct a thorough and complete investigation.
The Commission attaches great importance to the issue of a code of good administrative behaviour, with binding effect upon all the EU institutions and bodies. We consider this matter with an open mind.
The Commission’s own code entered into force in November 2000. We will report to the bodies concerned the results of our reflections on this issue. The recent creation of a European School of Administration increases the importance of this matter.
The proposal for a new Constitutional Treaty would give the Union a specific legal base to act on this. However, considering the situation, we need to look at the issue differently. Nevertheless, a positive conclusion on this dossier is possible and I hope that we can arrive at the result proposed by the Ombudsman and the rapporteur.
Let me say a few words on the Ombudsman’s Statute. During his visit to the College of Commissioners on 25 May 2005, Mr Diamandouros informed the Commission that he had asked the European Parliament to review certain aspects of the Ombudsman’s Statute. He would like in particular to be entitled to intervene in proceedings before the Court of Justice in cases relating to alleged violations of the rights set out in the Charter of Fundamental Rights.
It should be noted that, on this subject, it is the European Parliament that has the right of initiative and acts by majority vote, subject to Council approval, with the Commission merely issuing an opinion. The Commission will examine any new initiative in this respect with the utmost care and an open mind.
Our willingness to cooperate with the Ombudsman is not only our obligation but is also very important for better administration. This is the reason why we welcome your report. Let me assure you that we continue to engage the Commission to work even closer with the Ombudsman and with Parliament’s Committee on Petitions.
Let me say that, for me, the Commission’s relationship with the Ombudsman is about firmly engaging ourselves to guarantee good administration and openness and, ultimately, democracy. The same applies to our relations with Parliament’s Committee on Petitions. To me, the European Ombudsman has an essential role in building bridges between citizens and the European Union. His actions contribute to enhancing the Commission’s interaction and communication with citizens. The Commission, therefore, will continue to look at different ways of further promoting its cooperation with and commitment to the European Ombudsman.
As is rightly pointed out in Mr Mavrommatis’ report, the number of complaints to the European institutions and bodies addressed by the Ombudsman rose by 53% in 2004. I agree with the Ombudsman’s annual report that this reflects Europeans’ increasing awareness of the European Ombudsman, which is a development that we should welcome.
In light of the Commission’s dedication further to improving and promoting its cooperation with the Ombudsman, I would like to take the opportunity to highlight the very recent reform of the Commission’s internal procedures. The reform aims at strengthening the guarantees of strong political ownership by each commissioner as regards Ombudsman enquiries within his or her domain.
The Commission has decided to replace the existing empowerment – at present granted to the President alone – with an empowerment granted to the Commissioner in charge of the subject-matter of the enquiry addressed to the Ombudsman. In parallel, the Commission Secretariat-General reinforces its role as guardian of the political and administrative coherence and consistency of the Commission’s final replies to the Ombudsman. This reform will enter into force on 1 November 2005.
Furthermore, the Commission needs to strengthen its efforts to agree to friendly solutions proposed by the European Ombudsman. Recommendations for the Commission to follow up certain aspects in order to remedy problems highlighted by different cases need to be taken into account promptly. Proposing solutions that give satisfaction to the citizen and to the administration is one of the main tools of the Ombudsman.
It should be underlined again that the Ombudsman’s inquiries often not only produce positive results for the complainants but also help to improve the quality of our administrative services.
Mr Mavrommatis’ report touches upon the issue of transparency, regarding in particular the implementation of Regulation (EC) No 1049/2001 on access to documents, a fundamental right of citizens. The report also points out that Regulation 1049/2001 now applies to Community agencies.
We can also confirm that we examine applications for access to documents with the utmost care and that derogations from the right of access are applied on a case-by-case basis."@en1
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