13 Amendments of Anne SANDER related to 2018/2080(INI)
Amendment 33 #
Recital 10
(10) Whereas provisions should be laid down regarding the officials and servants of the Ombudsman´s secretariat which will assist him and the budget thereof; whereas the seat of the Ombudsman should be that of the seat of the European Parliament;
Amendment 39 #
Article 1 – paragraph 3
3. The Ombudsman mayshall not intervene in cases before courts or question the soundness of a court´s ruling.
Amendment 45 #
Article 2 – paragraph 8
8. No complaint may be made to the Ombudsman that concerns work relationships between the CommunityUnion institutions and bodies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and complaints, in particular the procedures referred to in Article 90(1) and (2) of the Staff Regulations, have been exhausted by the person concerned and the time limits for replies by the authority thus petitioned have expired.
Amendment 46 #
Article 2 – paragraph 9
9. The Ombudsman shall as soon as possible, and in a pre-determined timeframe, inform the person lodging the complaint of the action he has taken on it.
Amendment 49 #
Article 3 – paragraph 1a (new)
1a. The Ombudsman may conduct, without prejudice to their regular duties of handling complaints, inquiries in order to combat maladministration and promote good administrative practices in the Union institutions, offices, bodies and agencies;
Amendment 53 #
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 documents. Officials and other servants of CommunityUnion institutions and bod, offices, bodies and agencies 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 55 #
Article 3 – paragraph 3
3. The Member States' authorities shall be obliged to provide the Ombudsman, whenever heit may sobe requested, via the Permanent Representations of the Member States to the European CommunitiesUnion, with any information that may help to clarify instances of maladministration by CommunityUnion institutions or bodies unless such information is covered by laws or regulations on secrecy or by provisions preventing its being communicated. Nonetheless, in the latter case, the Member State concerned may allow the Ombudsman to have this information provided that he undertakes not to divulge it.
Amendment 60 #
Article 3 – paragraph 7
7. The Ombudsman shallmay then send a report to the European Parliament and to the institution or body concerned. HeThe Ombudsman may make recommendations in his report. The person lodging the complaint shall be informed by the Ombudsman of the outcome of the inquiries, of the opinion expressed by the institution or body concerned and of any recommendations made by the Ombudsman. The Parliament could request the Ombudsman to appear before the plenary when appropriate.
Amendment 65 #
Article 4a
The Ombudsman and histheir staff shall deal with requests for public access to documents, other than those referred to in Article 4(1), in accordance with the condi in accordance with the conditions and limits provided for in Regulation (EC) No. 1049/2001. With regards to complaints regarding the right of public access to official documents, the Ombudsman shall, following due analysis and all necessary considerations, issue a recommendation concerning the release or else of said documents, to which the concerned institutions, and limitgency or body shall respond within the time frames provided for inby Regulation (EC) No 1049/2001.
Amendment 67 #
Article 5 paragraph 1
1. In so far as it may help to make his enquiries more efficient and better safeguard the rights and interests of persons who make complaints to him, the Ombudsman may cooperate with authorities of the same type in certain Member States provided they compliesy with the national law applicable. The Ombudsman mayis not by this meansauthorised to demand to see documents to which he would not have access under Article 3.
Amendment 71 #
Article 5a (new)
5a. The Ombudsman may conduct regular assessments of the whistleblowing policies and procedures in place in the relevant EU institutions, bodies and agencie.s
Amendment 75 #
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, and meet the conditions required for the exercise of the highest judicial officepositions in their country orand have the acknowledged competence and experience to undertake the duties of the Ombudsman.
Amendment 77 #
Article 13
The seat of the Ombudsman shall be that of the seat of the European Parliament.