2013/2051(INI) | [ParlTrack]

Motion for a resolution
Recital G a (new)

Ga. whereas the EU has designated 2013 ‘European Year of Citizens’ to celebrate the 20th anniversary of EU citizenship;

Amendment 10 #

Lena KOLARSKA-BOBIŃSKA

Motion for a resolution
Recital U

U. whereas the Ombudsman issues ~~a critical remark~~draft recommendations when it is possible for the institution concerned to eliminate the maladministration, or where the maladministration is particularly serious or has general implications; whereas in 2012 the Ombudsman issued 17 draft recommendations; (Factual correction)

Amendment 11 #

Motion for a resolution
Recital U

U. whereas the Ombudsman issues a ~~critical remark~~draft recommendation when it is possible for the institution concerned to eliminate the maladministration, or where the maladministration is particularly serious or has general implications; whereas in 2012 the Ombudsman issued 17 draft recommendations;

Amendment 12 #

Motion for a resolution
Recital V a (new)

Va. whereas the outcome of the Parliament report concerning the Special Report concluded that the concerns of the Ombudsman on possible maladministration were justified;

Amendment 13 #

Motion for a resolution
Recital X

X. whereas in 2012 the Ombudsman focused in particular on the integration of persons with varying degrees of disabilit~~ies~~y; whereas the Ombudsman, together with Parliament’s Committee on Petitions, the European Commission, the Fundamental Rights Agency and the European Disability Forum, works to protect, promote and monitor the implementation of the EU framework under the UN Convention on the Rights of Persons with Disabilities; whereas this convention is the first human rights treaty the EU has ever ratified;

Amendment 14 #

Motion for a resolution
Recital X a (new)

Xa. whereas the EU Council endorsed the proposal for a EU-level Framework to monitor the implementation of the UN Convention on the Rights of Persons with Disabilities, including the Ombudsman and the Committee on Petitions;

Amendment 15 #

Motion for a resolution
Paragraph 4

4. Considers that the Ombudsman's continuous effort to enhance and improve openness, transparency and accountability in decision-making processes and administrations in the European Union have made a decisive contribution towards creating a Union in which decisions are taken ‘as openly as possible and as closely as possible to the citizen’, as provided in Article 1 of the Treaty on the European Union; calls on the next European Ombudsman to continue his predecessor's good work towards these important goals;

Amendment 16 #

Motion for a resolution
Paragraph 4

4. CTaking into account the fact that half of the European citizens agrees that the second most important citizens' right is the right to good administration, considers that the Ombudsman's continuous effort to enhance and improve openness, transparency and accountability in decision-making processes and administrations in the European Union have made a decisive contribution towards creating a Union in which decisions are taken ‘as openly as possible and as closely as possible to the citizen’, as provided in Article 1 of the Treaty on the European Union;

Amendment 17 #

Motion for a resolution
Paragraph 4

4. Considers that the Ombudsman's continuous effort to enhance and improve openness, transparency and accountability in decision-making processes and administrations in the European Union have made a decisive contribution towards creating a Union in which decisions are taken and implemented by administrators ‘as openly as possible and as closely as possible to the citizen’, as provided in Article 1 of the Treaty on the European Union;

Amendment 18 #

Motion for a resolution
Paragraph 6 a (new)

6a. Notes that 52% of the citizens consider that the Ombudsman's most important function is to insure that EU citizens know their rights and how to use them, therefore the Ombudsman needs to improve his communication towards the European citizens and enhance the cooperation with the European Network of Ombudsmen;

Amendment 19 #

Motion for a resolution
Paragraph 6 a (new)

6а. Calls for the requisite steps to be taken to accelerate the procedures for investigating complaints, conducting enquiries and taking decisions;

Amendment 2 #

Motion for a resolution
Recital G a (new)

Gа. whereas Article 43 of the Charter states that ‘Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice acting in its judicial role’;

Amendment 20 #

Motion for a resolution
Paragraph 6 b (new)

6b. Reiterates the fact that 42% of the European citizens are not satisfied with the level of transparency in the EU administration, and highlights the need for the Ombudsman to continue his efforts in helping the EU institutions become more open, effective and citizen friendly, building bridges between the institutions and citizens;

Amendment 21 #

Motion for a resolution
Paragraph 7

7. Notes that transparency-related complaints have always been at the top of the Ombudsman's complaints list; notes also that such complaints are decreasing from the peak year of 2008, in which 36 % of complainants alleged lack of transparency, to 21.5 % in 2012; considers that this is a sign that the EU institutions have made significant efforts to become more transparent; calls on the EU institutions, agencies and bodies to help bring this number down further by cooperating with and implementing the recommendations of the European Ombudsman;

Amendment 22 #

Nikolaos CHOUNTIS, Willy MEYER

Motion for a resolution
Paragraph 7

7. Notes that transparency-related complaints have always been at the top of the Ombudsman's complaints list; notes also that such complaints are decreasing from the peak year of 2008, in which 36 % of complainants alleged lack of transparency, to 21.5 % in 2012; ~~consid~~expresses concersn t~~hat this is a sign that the EU institutions have made significant efforts to become more transparent; calls on the EU institutions, agencies and bodies to help bring this number down further;~~ owards the large number of still existing complaints regarding openness, public access and personal data, as these are jeopardising both interinstitutional dialogue and the EU's public image and attitude towards citizens;

Amendment 23 #

Motion for a resolution
Paragraph 8

8. Reiterates that transparency, openness, access to information, respect for the rights of citizens, and high ethical standards are essential for maintaining trust between citizens and the institutions; in that sense criticises that European Commission and European Council have been and continue to behave in a non-transparent way, mainly in what concerns very important decisions which have a clear impact of daily life of European citizens

Amendment 24 #

Motion for a resolution
Paragraph 8

8. Reiterates that transparency, openness, access to information, respect for the rights of citizens, and high ethical standards are essential for maintaining trust between citizens and the institutions and that, particularly in the current difficult economic situation, this trust is extremely important for the future of the European integration project;

Amendment 25 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls on the EU Institutions, in the light of the growing digitisation of public administration, to respond to the special needs of older people, many of whom are not familiar with modern information and communication technologies, and to compensate for this by means of user- friendly applications, practical online help programs and readily accessible non- digital contact opportunities;

Amendment 26 #

Motion for a resolution
Paragraph 9 a (new)

9а. Notes with satisfaction the ten ‘star cases’ presented by the Ombudsman, which provide model examples for administrative practice in the various EU institutions in a variety of fields;

Amendment 27 #

Motion for a resolution
Paragraph 10

10. Considers that the decrease in the total number of complaints submitted to the Ombudsman in 2012 is further proof of the success of the interactive guide on his website, which is a powerful tool designed to help ensure that fewer citizens complain to the Ombudsman for the wrong reason and to improve the possibilities for advising complainants on where to turn to instead; notices that the trend confirms that an increasing number of people turning to the European Ombudsman are doing so for the right reasons; calls on the Members of the European Parliament and all of the EU's institutions, bodies and agencies to make the guide available through their own websites;

Amendment 28 #

Motion for a resolution
Paragraph 10

10. Considers that the decrease in the total number of complaints submitted to the Ombudsman in 2012 is further proof of the success of the interactive guide on his website, which is a powerful tool designed to help ensure that fewer citizens complain to the Ombudsman for the wrong reason and to improve the possibilities for advising complainants on where to turn to instead; ~~notices that the trend confirms that an increasing nu~~considers, therefore, that all the EU Institutions and members of ~~people turning to the European Ombudsman are doing so for the right reas~~the European Network of Ombudsmen should include direct links to this guide on their websites and in their social media communications;

Amendment 29 #

Motion for a resolution
Paragraph 12

12. Recognises the important contribution of the European Network of Ombudsmen; notes that 60 % of the complaints the Ombudsman processed in 2012 fell within the competence of a member of the network; recalls that the Committee on Petitions is a full member of the network; notes that in 2012 the Ombudsman transferred 63 complaints to this committee; congratulates the European Ombudsman on successfully coordinating the network; considers that this is a vital function of the Ombudsman's activities and that cooperation in the network should be deepened in order to improve the national administration of EU law; recommends that the network be expanded to include relevant national bodies; considers that the Ombudsman's participation in European and international Ombudsman associations should be maintained and strengthened;

Amendment 3 #

Motion for a resolution
Recital G b (new)

Gb. whereas Parliament approved the Code of Good Administrative Behaviour, drafted by the Ombudsman, in its resolution of 6 September 2001;

Amendment 30 #

Nikolaos CHOUNTIS, Willy MEYER

Motion for a resolution
Paragraph 12

12. Recognises the important contribution of the European Network of Ombudsmen and emphasises the usefulness of an efficient cooperation for the benefit of European citizens; notes that 60 % of the complaints the Ombudsman processed in 2012 fell within the competence of a member of the network; recalls that the Committee on Petitions is a full member of the network; notes that in 2012 the Ombudsman transferred 63 complaints to this committee; congratulates the European Ombudsman on successfully coordinating the network; considers that this is a vital function of the Ombudsman's activities and that cooperation in the network should be deepened in order to improve the national administration of EU law; considers that the Ombudsman's participation in European and international Ombudsman associations should be maintained and strengthened;

Amendment 31 #

Motion for a resolution
Paragraph 12 a (new)

12a. Underlines the importance of the work of the European Network of Ombudsmen in favour of good administration and more transparency in the European institutions; considers that the Ombudsmen all over the EU play an important role being by the side of European citizens and trying to fight the lack of transparency and democracy in Member States and European Union; expresses its concern about the cuts on the budget of Ombudsmen in many Member States, warns about the attempts of eliminating Regional Ombudsmen in Spain, considers that this decision will damage the possibility of many European citizens of effectively protect their rights;

Amendment 32 #

Nikolaos SALAVRAKOS

Motion for a resolution
Paragraph 13

13. Notes that, as in previous years, most inquiries opened by the Ombudsman concerned the Commission (52.7 ~~%), with the European Personnel Selection Office (EPSO) in second position (16.8~~ %); notes that the number of inquiries opened in 2012 concerning the European Parliament almost doubled compared with 2011; calls on its Secretariat to cooperate fully with the Ombudsman and ensure compliance with his recommendations;

Amendment 33 #

Motion for a resolution
Paragraph 13

13. Notes that, as in previous years, most inquiries opened by the Ombudsman concerned the Commission (52.7 %), with the European Personnel Selection Office (EPSO) in second position (16.8 %); notes that the number of inquiries opened in 2012 concerning the European Parliament almost doubled compared with 2011; calls on its Secretariat to cooperate fully with the Ombudsman and ensure compliance and consistence with his recommendations and comments regarding administrative practices;

Amendment 34 #

Motion for a resolution
Paragraph 13 a (new)

13a. Highlights the fact that every closed inquiry represents a step in the right direction and a good opportunity for bringing in the improvements that the public has identified and called for, as a way of making the concept of European citizenship as participatory as possible with regards to the European legislative process;

Amendment 35 #

Nikolaos SALAVRAKOS

Motion for a resolution
Paragraph 15

15. ~~Takes note of~~Welcomes the fact that in June 2013 the Ombudsman ~~will~~ published a new edition of the European Code of Good Administrative Behaviour, taking into account the principles of European administrative law contained in the case- law of the European courts;

Amendment 36 #

Lena KOLARSKA-BOBIŃSKA

Motion for a resolution
Paragraph 16

16. Is pleased with the Ombudsman's involvement in a conference, organised with the Research Network on EU Administrative Law (ReNEUAL), at which the possibility of adopting a general set of rules of administrative procedure for EU institutions, bodies, offices and agencies, as well as the possible content of such rules, was explorednumber of different conferences focusing on better public administration, including co-organising one with the Research Network on EU Administrative Law (ReNEUAL);

Amendment 37 #

Motion for a resolution
Paragraph 17

17. Reiterates its call on the Commission to adopt common binding rules and principles on administrative procedure in the EU’s administration and to present a draft regulation to this end on the basis of Article 298 of the TFEU, as it considers this would be the best way to ensure lasting change in the administrative culture of the EU institutions;

Amendment 38 #

Motion for a resolution
Paragraph 17

17. Reiterates, in accordance with its resolution 2012/2024(INI) of 15 January 2013, its call on the Commission to adopt common binding rules and principles on administrative procedure in the EU’s administration and to present a draft regulation to this end on the basis of Article 298 of the TFEU; considers that the Ombudsman’s experience to date and his publications reporting on them provide appropriate guidance for the substance of such a legislative proposal;

Amendment 39 #

Motion for a resolution
Paragraph 19

Amendment 4 #

Nikolaos CHOUNTIS, Willy MEYER

Motion for a resolution
Recital H

H. whereas maladministration occurs when a public body fails to act in accordance with a rule or principle that is binding upon it, as defined by the first European Ombudsman, Mr. Jacob Söderman;

Amendment 40 #

Motion for a resolution
Paragraph 19

19. Recalls that in 2012 the Ombudsman submitted one special report to Parliament, which concerned the Commission's failure to address a conflict of interest in the handling of the expansion of Vienna Airport, the lack of Environmental Impact Assessment relating to that expansion, and the absence of review procedures available to those who complained about the construction project and the absence of an EIA; denounces that the Commission failed in its obligations when investigating and acting on a complaint it had received and in its response to the Ombudsman's requests and recommendations from his first investigation into this case, recalls that Commission preferred - rather than bringing Austria before the CJEU- to seek an agreement with the Austrian authorities and authorise an ex post EIA which attacks the legitimacy of this institution, congratulates the Ombudsman for having taken the decision of submitting an special report to Parliament on this case

Amendment 41 #

Motion for a resolution
Paragraph 19

19. Recalls that in 2012 the Ombudsman submitted one special report to Parliament, which concerned the Commission’s failure to address a conflict of interest in the handling of the expansion of Vienna Airport, the lack of Environmental Impact Assessment relating to that expansion, and the absence of review procedures available to those who complained about the construction project and the absence of an EIAstated that, in an ex post environmental impact assessment concerning the expansion of Vienna Airport, on the one hand the Commission had been unable to resolve a conflict of interest and on the other hand objectors to the construction project did not have any complaints procedure open to them; recalls that, in response to this special report, the Committee on Petitions made forward-looking proposals for the current revision of the EIA Directive and for an EU administrative law;

Amendment 42 #

Motion for a resolution
Paragraph 21

21. Notes that the previous and the current Ombudsman have in 17 and a half years presented only 18 special reports; considers that this is proof of the cooperative approach adopted by the EU institutions in the majority of cases; acknowledges the importance of these special reports and encourages the Ombudsman to further pursue such cases when it comes to important cases of maladministration concerning EU institutions, bodies, offices and agencies;

Amendment 43 #

Lena KOLARSKA-BOBIŃSKA

Motion for a resolution
Paragraph 22

22. Congratulates the Ombudsman on the official certification of his institution by the European Foundation for Quality Management as ‘Committed to Excellence’; encourages his successor to build on this achievement and to continue to show the same commitment to independence, quality of complaint handling, outreach to citizens and good relations with the institutions;deleted

Amendment 44 #

Motion for a resolution
Paragraph 22

22. Congratulates the Ombudsman on the official certification of his institution by the European Foundation for Quality Management as ‘Committed to Excellence’; encourages his successor to build on this achievement and to continue to show the same commitment to independence, objectivity, quality of complaint handling, proactive inquiring approach, outreach to citizens and good relations with the institutions;

Amendment 45 #

Motion for a resolution
Paragraph 22

Amendment 46 #

Motion for a resolution
Paragraph 22 a (new)

22a. Considers that, to strengthen trust in the EU's institutions and increase its credibility, future holders of the post of European Ombudsman must show a similar commitment to independence and impartiality, as laid down in Article 6 of his Statute;

Amendment 47 #

Motion for a resolution
Paragraph 22 a (new)

22a. Stresses the importance of the political independence for the institution of the Ombudsman itself and for the credibility of the EU institutions as a whole; considers such independence as a guarantee before the citizens that the Ombudsman duties will be carried faithfully and in their utmost free of any external pressure;

Amendment 48 #

Motion for a resolution
Paragraph 22 a (new)

22а. Emphasises that International Right to Know Day on 28 September is an initiative which raises the profile of the Ombudsman among the European public and is an example of good practice;

Amendment 49 #

Motion for a resolution
Paragraph 23

23. Welcomes the Ombudsman's participation, alongside Parliament's Committee on Petitions, the European Disability Forum, the Commission and the Fundamental Rights Agency, in the EU- level Article 33(2) Framework, which is charged with protecting, promoting and monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities; calls on the Ombudsman to put special emphasis in his work on the needs of the highly vulnerable social groups, including those with disabilities;

Amendment 5 #

Motion for a resolution
Recital I

I. whereas this definition does not limit maladministration to cases where the rule or principle that is being violated is legally binding; whereas the principles of good administration go further than the law, requiring the EU institutions not only to respect their legal obligations, but also the spirit to be service-minded and to ensure that all members of the public are properly treated with fairness, impartiality and dignity, and fully enjoy their rights; equally;

Amendment 50 #

Motion for a resolution
Paragraph 23 a (new)

23a. Welcomes the Ombudsman's efforts to safeguard the implementation of the Charter of Fundamental Rights by the EU's institutions, also through his own- initiative inquiries; foresees another, similar, duty being conferred onto the Ombudsman with the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, as required by Article 6 of the Treaty on European Union;

Amendment 51 #

Motion for a resolution
Paragraph 23 b (new)

23b. Stresses the importance of the Ombudsman's own-initiative inquiries, which allow him to address issues otherwise not coming to his attention due to the citizen's lack of information or resources to apply him; considers it important to increase visibility of the Office of the European Ombudsman;

Amendment 52 #

Motion for a resolution
Paragraph 24

24. Welcomes the adoption during 2012 of a law establishing an ombudsman institution in Turkey; acknowledges the role of the European Ombudsman's support and advice in this development; is pleased with the fact that all the candidate countries have now established an ombudsman institution at national level; considers that experience shows that the Ombudsman is a highly useful body for the improvement of good administration, the rule of law and defence of human rights and that the Member States that have yet to establish an Ombudsman institution should therefore actively consider doing so; calls on the European Ombudsman to carry on assisting future candidate countries in this process;

Amendment 6 #

Motion for a resolution
Recital I

I. whereas this definition does not limit maladministration to cases where the rule or principle that is being violated is legally binding; whereas the principles of good administrati~~on go further~~ve practices constitute a higher level of commitment than the law, requiring the EU institutions not only to respect their legal obligations, but also to be service-minded and to ensure that members of the public are properly treated and fully enjoy their rights;

Amendment 7 #

Motion for a resolution
Recital J a (new)

Jа. whereas the majority of complaints (56%) are received in electronic format for registration via the European Ombudsman’s interactive website, which is available in all 23 official languages;

Amendment 8 #

Nikolaos SALAVRAKOS

Motion for a resolution
Recital N

N. whereas 52.7 % of inquiries opened in 2012 concerned the European Commission, ~~16.8 % the European Personnel Selection Office (EPSO),~~ 5.2 % the European Parliament, 3.0 % the European External Action Service, 1.5 % the European Investment Bank and 20.9 % other EU institutions, agencies or bodies;

Amendment 9 #