Activities of Gordan BOSANAC related to 2024/2056(INI)
Plenary speeches (1)
Activities of the European Ombudsman – annual report 2023 (debate)
Shadow reports (1)
REPORT on the annual report on the activities of the European Ombudsman in 2023
Amendments (20)
Amendment 1 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas Article 298(1) TFEU states that ‘in carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration’;
Amendment 3 #
Motion for a resolution
Recital I
Recital I
I. whereas in the inquiries closed by the Ombudsman in 2023, no maladministration was found in 99 (26.6 % of) cases, a solution was achieved, partly achieved or settled by the institution in 206 (55.4 % of) cases, no further inquiries were justified in 46 (12.4 % of) cases and maladministration was found in 27 (7.3 % of) cases;
Amendment 4 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas the Ombudsman's experience with handling complaints about access to documents is that long delays frequently occurred in cases that were of significant public interest, whose effects were to render the information obtained no longer useful for the requesters and to prevent citizens from having their say at relevant times in decision-making;
Amendment 13 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas the Ombudsman's inquiry in case OI/3/2023/MHZ concerning Frontex's role in search and rescue operations has shown the existence of severe shortcomings, including the failure to ensure that Frontex's fundamental rights monitors are sufficiently involved in decision-making on maritime emergencies as well as the absence of Frontex's internal guidelines on issuing emergency signals; whereas this inquiry was launched by the Ombudsman following the Adriana tragedy in June 2023, which resulted in over 600 people drowning off the coast of Greece;
Amendment 20 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the recommendations following the Ombudsman’s own-initiative inquiry into the time the Commission takes to deal with requests for public access to documents, which call on the Commission to fundamentally rethink its way of handling such requests, deal with its systemic delays as a matter of urgency and to respect the deadlines set out in Regulation (EC) No 1049/2001 on public access to European Parliament, Council and Commission documents; is deeply worried by the inquiry’s finding that the Commission’s systemic and significant delays in dealing with document access requests amount to maladministration;
Amendment 21 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Supports the Ombudsman's view that 'access delayed is access denied', as documents and information sought are often time sensitive and can lose relevance to the requesters if delays occur; believes that the Commission must proactively publish documents and statistics on how it handles requests on access to documents, including clear data on compliance with the deadlines set by EU law, as such information is key to improve transparency on this matter and strengthen the Commission's accountability towards citizens;
Amendment 26 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Council to engagerecognise the need for the revision of Regulation (EC) No 1049/2001 and to engage, without further delay, in constructive negotiations with Parliament and the Commission on theis revision of Regulation (EC) No 1049/2001, in order to turn these three key EU institutions into role models of transparency and public accountability for the whole of the EU;
Amendment 28 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Strongly believes that any revision of Regulation (EC) 1049/2001 must result in enhancing public access for EU citizens and residents to documents of the Union institutions, bodies, offices and agencies; is firmly convinced that the starting point for any future negotiation must be based on the position already adopted by the Parliament, insisting that an amended text, as an absolute minimum, must: extend the Regulation’s scope to all EU institutions, offices, bodies and agencies; enhance legislative transparency, including access to legislative legal opinions, whereby any use of exceptions should constitute an exemption from the general rule of transparency; include the Aarhus Convention; ensure transparency and appropriate access to documents in relation to international negotiations and agreements; consider that the definition of ‘document’ also explicitly refers to text, instant messages as well as e-mails, pertaining to professional activities;
Amendment 36 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes note ofAppreciates the Ombudsman’s inquiry into the extent to which the European Parliament, the Council of the European Union and the European Commission apply EU law and the decisions of the Court of Justice of the European Union when it comes to public access requests for legislative documents, in which the Ombudsman stressed the need to facilitate EU citizens’ participation in the EU law-making procesensure timely public access to legislative documents as well as to facilitate EU citizens’ participation in the EU law-making process; underlines that the Ombudsman noted with concern that past inquiries related to insufficient and delayed public access suggested that these institutions were not giving full effect to EU law and related case-law; regrets that the EU institutions in refusing to disclose legislative documents presented in some cases only general arguments or even the same ones which were previously dismissed by the EU Courts; recalls that according to EU case-law, EU institutions can only refuse to disclose legislative documents in exceptional circumstances and their reasoning for doing so must be based on specific and tangible facts;
Amendment 38 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls that publicity and transparency are the main principles underlying the EU legislative process, as confirmed by the case-law of the Court of Justice, which provided clear legal guidance on the way to ensure their full and consistent respect; reminds that the Court of Justice also stipulated that the lack of transparency and information weakens citizens' trust in the legitimacy of the EU legislative process as a whole;
Amendment 39 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is particularly worried that the Ombudsman found maladministration in the Commission’s refusal to provide access to documents concerning the greenhouse gas emissions of the ceramics industry reported under the EU Emissions Trading System; calls onregrets that the Commission to pay particular attention to the overriding public interest and to be more mindful of it when assessing the possibility of disclosing documents concerning emissions into therejected the Ombudsman’s solution proposal and maintained the position adopted in its confirmatory decision, thus failing to ensure the required transparency as well as to give full effect to the EU Aarhus Regulation and the Aarhus Convention; calls on the Commission to guarantee full public access to environmental information and public participation in decision-making also relating to environment;
Amendment 53 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. CongratulateSupports the Ombudsman forin her efforts to further contribute to the clarification of what constitutes an EU document and stresses that it is essential that the EU institutions follow the Ombudsman’s recommendations in order to adapt their administrative practices to take into account evolving means of communication, as according to the Treaty on the Functioning of the European Union, citizens and legal persons residing in the EU have a right to access to any document held by almost all EU institutions; underlines that this right is subject only to a very limited number of exceptions and applies to written physical and electronic documents as well as to audio and audio-visual recordings related to policies, activities and decisions of the institutions;
Amendment 59 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Appreciates the Ombudsman’s commitment to upholding fundamental rights in the EU institutions’ border management activities by launching inquiries into the actions of Frontex and the Commission in this area; noteswelcomes the fact that the Ombudsman asked for further clarification from the Commission as to how it intends to guarantee respect for human rights in the context of the EU- Tunisia Memorandum of Understanding (MoU), in an effort to ensure that the EU complies with its human rights obligations, highlighting concerns about the absence of a prior human rights impact assessment, notably related to the 'Migration and mobility' pillar of the MoU and the actions foreseen under that pillar;
Amendment 65 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Strongly believes that Frontex must fully comply with fundamental rights in all its activities, including in its direct or indirect engagement in search and rescue (SAR) operations; underlines that Frontex must ensure full and consistent application of the UN Convention on the Law of the Sea as well as of the International Convention on Maritime Search and Rescue (SAR Convention) and the International Convention for the Safety of Life at Sea; recalls that in the specific context of its surveillance activities, Frontex’s responsibilities in responding to maritime emergencies are also defined under EU law and that under the overall applicable legal framework, Member States are obliged to render assistance to any vessel or person in distress at sea, ensuring that their authorities comply with that obligation, in accordance with international law and respect for fundamental rights, regardless of the nationality or status of the persons; reminds that this obligation also applies to Frontex where it provides technical and operational assistance in the context of joint operations;
Amendment 67 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Endorses the Ombudsman's suggestions aimed at ensuring that the European Border and Coast Guard Agency (Frontex) complies with its fundamental rights obligations with regard to search and rescue in the context of its maritime surveillance activities; calls on the Council of the European Union and the Commission to work with the Parliament to establish an independent commission of inquiry to assess the reasons for the large numbers of deaths in the Mediterranean sea and make the necessary changes to prevent any tragic loss of lives from reoccurring;
Amendment 97 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Highlights that the EU planned unprecedented levels of investments, involving both the public and private sectors, under the Next Generation EU, thus becoming even more crucial to have in place at EU level a decision-making process based on full transparency and on the strongest ethical rules; calls on the Ombudsman to adopt a reinforced oversight on the implementation of the rules and procedures concerning the allocation and use of EU funds under Next Generation EU in order to ensure integrity, full transparency and democratic accountability of the EU Institutions as well as helping to prevent conflicts of interest, rule of law's breaches and corruption cases from occurring;
Amendment 99 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Ombudsman’s decision to open an own-initiative inquiry into the Commission’s delays related to risk management of dangerous chemicals, the aim of which is to examine delays in introducing restrictions to mitigate the risks of specific chemicals and in placing chemicals on the list of substances where use is subject to prior authorisation; underlines that concerns were also raised on the lack of transparency of the 'comitology procedures', which the Commission has to follow in the adoption of implementing regulations and decisions, as these procedures provide limited information being made publicly available, thus making very difficult for the public to hold the Commission and Member States to account for their actions;
Amendment 106 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Stresses that the 'European Accessibility Act'1a was adopted on 17 April 2019 and that the deadline sets out in it for its transposition by Member States was on 28 June 2022; underlines that the main scope of the European Accessibility Act was to make life easier for at least 87 million of persons with disabilities, facilitating their access to, inter alia, public transport, banking services, computers, TVs, e-books, online shops; strongly regrets that all Member States are still failing to ensure its full and consistent transposition and are keeping accumulating delays, as confirmed by the ongoing infringement proceedings launched against all of them by the Commission; calls on the Ombudsman to raise this very serious EU law's violation, which severely undermìnes the rights of persons with disabilities, as part of the overall activities carried out in the EU framework for the UN CRPD, in order to help solving it as a matter of priority; _________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services
Amendment 109 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses the importance of the European Network of Ombudsmen (ENO) and the annual meetings hosted with national and regional ombudsmen through the ENO in further raising awareness of what the European Ombudsman can do for European citizens; encourages the Ombudsman to continue to take part in exchanges of experience and best practice with national ombudsmen through the ENO; takes note of the fact that the 2023 ENO annual conference focused on the protection of human rights and addressing the benefits and potential drawbacks of the use of AI in public administration; welcomes the joining of ENO by the Institution of the Human Rights Ombudsman of Bosnia and Herzegovina; calls on the Ombudsman to strengthen cooperation with the national Ombudsman's offices of the EU candidate countries in order to enhance those countries public authorities' capacity to align with the EU good administration, integrity and accountability standards;
Amendment 113 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Appreciates that the acceptance rate by the EU institutions, namely the percentage of positive replies to the total number of proposals made by the Ombudsman to correct or improve their administrative practices, stood at 81%, representing an improvement on the previous year; strongly believes, however, that the Union institutions, agencies, bodies and offices, must fully and consistently comply with all Ombudsman's solutions, recommendations and suggestions;