11 Amendments of Virginie ROZIÈRE related to 2018/2080(INI)
Amendment 32 #
Recital 7
(7) Whereas it is for the European Parliament to appoint the Ombudsman at the beginning of its mandate and for the duration thereof, choosing him from among persons who are Union citizens and offer every requisite guarantee of independence and competence and shall not have held a political function at national ministerial level or within the European institutions;
Amendment 38 #
Article 1 – paragraph 3
3. The Ombudsman may not intervene in cases before national courts or question the soundness of a court's ruling.
Amendment 40 #
Article 1 – paragraph 4 a (new)
4a. In cases falling within its duties, the Ombudsman may intervene in cases before the Court of Justice of the European Union in accordance with article 40 of the statute of the Court of Justice of the European Union.
Amendment 47 #
Article 2 – paragraph 9a (new)
9a. The Ombudsman may be subject to an action for failure to act in accordance with Article 265 of the Treaty on the Functioning of the EU.
Amendment 52 #
Article 3 – paragraph 2
2. The CommunityUnion institutions and bodies shall be obliged to supply the Ombudsman with any information he has requested from them and give himprovide access to the files concerned. Access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, shall be subject to compliance with the rules on security of the CommunityUnion institution or body concerned. The institutions or bodies supplying classified information or documents as mentioned in the previous subparagraph shall inform the Ombudsman of such classification in advance. For the implementation of the rules provided for in the first subparagraph, the Ombudsman shall have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy. The institutions or bodies concerned shall give access to documents originating in a Member State and classed as secret by law or regulation only where that Member State has given its prior agreement. They shall give access to other documents originating in a Member State after having informed the Member State concerned. In both cases, in accordance with Article 4, the Ombudsman may not divulge the content of such documentshas to observe a strict application of Regulation 1049/2001. Officials and other servants of Community institutions and bodies must testify at the request of the Ombudsman; they shall continue to be bound by the relevant rules of the Staff Regulations, notably their duty of professional secrecy.
Amendment 56 #
Article 3 – paragraph 4 a (new)
4a. Where appropriate the Ombudsman may be requested to appear before the responsible committee of the Parliament in relation to the Ombudsman’s duties. When this request concerns an on-going inquiry, the institution concerned may be requested to appear together with the Ombudsman.
Amendment 63 #
Article 4 – paragraph 1
1. The Ombudsman and his staff, to whom Article 287339 of the Treaty establishingon the Functioning of the European Communityon and Article 194 of the Treaty establishing the European Atomic Energy Community shall apply, shall be required not to divulge information or documents which they obtain in the course of their inquiries. They shall, in particular, be required not to divulge any classified information or any document supplied to the Ombudsman, in particula to the Ombudsman and his staff. The Ombudsman and his staff shall strictly apply Regulation 1049/2001 on information or documents which they obtain in the course of their inquiries. Particular attention is required for the treatment of classified or sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, or documents falling within the scope of Community legislation regarding the protection of personal data, as well as any information which could harm the person lodging the complaint or any other person involved, without prejudice to paragraph 2.
Amendment 64 #
Article 4a
The Ombudsman and his staff shall The Ombudsman and his staff shall deal with requests for public access to documents, other than those referred to in Article 4(1), in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001. With regard to complaints on the right of public access to official documents, the Ombudsman shall issue, following due analysis and all necessary consideration, a recommendation concerning the release of the said documents to the concerned institution. If the concerned institution does not follow the recommendation to divulge the said documents, it must duly motivate its refusal. This refusal may be referred to the Court of Justice of the European Union by the Ombudsman.
Amendment 66 #
Article 4a (new)
4a. Where appropriate, the Ombudsman may demand that the Court of Justice of the European Union applies the accelerated procedure provided in its rules of procedures.
Amendment 68 #
Article 5a (new)
5a. The Ombudsman shall conduct regular assessments of the whistleblowing policies and procedures in place in the relevant EU institutions, bodies and agencies in accordance with Article 22 of the Staff Regulations. The Ombudsman may formulate appropriate recommendations for improvement. Potential whistle-blowers may contact the Ombudsman in order to obtain information on the scope of application of the relevant provisions in the Union’s legislation. This advice shall be impartial and confidential.
Amendment 73 #
Article 6 – paragraph 2
2. The Ombudsman shall be chosen from among persons who are Union citizens, have full civil and political rights, offer every guarantee of independence, shall have not held a political function at national ministerial level or within the European institutions and meet the conditions required for the exercise of the highest judicial office in their country or have the acknowledgement competence and experience to undertake the duties of Ombudsman.