2019/2198(INI) Public Access to Documents (Rule 122(7)) – Annual report for the years 2016-2018
Next event: Indicative plenary sitting date, 1st reading/single reading 2021/01/18
Lead committee dossier:
Next event: Indicative plenary sitting date, 1st reading/single reading 2021/01/18
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | BOGDAN Ioan-Rareş ( EPP) | INCIR Evin ( S&D), IN 'T VELD Sophia ( Renew), RIBA I GINER Diana ( Verts/ALE), WIŚNIEWSKA Jadwiga ( ECR), PELLETIER Anne-Sophie ( GUE/NGL) |
Committee Opinion | AFCO | VINCZE Loránt ( EPP) | Juan Fernando LÓPEZ AGUILAR ( S&D), Markéta GREGOROVÁ ( Verts/ALE), Gilles BOYER ( RE) |
Lead committee dossier:
Legal Basis:
RoP 122-p7, RoP 54
Legal Basis:
RoP 122-p7, RoP 54Events
2021/01/18
Indicative plenary sitting date, 1st reading/single reading
2020/09/02
EP - Committee opinion
Documents
2020/03/06
EP - Committee draft report
Documents
2020/02/19
EP - VINCZE Loránt (EPP) appointed as rapporteur in AFCO
2019/12/19
EP - Committee referral announced in Parliament, 1st reading/single reading
2019/12/02
EP - BOGDAN Ioan-Rareş (EPP) appointed as rapporteur in LIBE
Documents
Activities
- Rainer WIELAND
Plenary Speeches (0)
- Ioan-Rareş BOGDAN
Plenary Speeches (0)
- Loránt VINCZE
Plenary Speeches (0)
Amendments | Dossier |
33 |
2019/2198(INI)
2020/06/03
AFCO
33 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Stresses that the EU institutions have an obligation to implement Article 15(3) of the Treaty on the Functioning of the European Union (TFEU) and to adopt a legal instrument on access to documents in line with the democratic principles expressed in Article 10(3) of the Treaty on European Union (TEU) and with the rights of EU citizens enshrined in Article 42 of the Charter of Fundamental Rights; highlights that Article 15(3) of the TFEU envisages enhanced institutional scope; Recalls that each institution, body, office or agency shall ensure that its proceedings are transparent and shall elaborate in its own Rules of Procedure specific provisions regarding access to its documents, in accordance with the regulations.
Amendment 10 #
Draft opinion Paragraph 2 a (new) Amendment 11 #
Draft opinion Paragraph 3 3. Recalls its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU and urges the Council to improve its rules and procedures as regards legislative transparency, including accessibility and classification of legislative documents; calls, specifically, on the Council to review its rules, ensuring that all debates, documents and information are made public and drawing up transcripts of its public meetings, fully reflecting the public interest in transparency, which should prevail over the need to protect the decision-making process; urges, further, the Ombudsman to make full use of her investigative powers under the Treaties to increase transparency in all activities, legislative and otherwise, within the EU;
Amendment 12 #
Draft opinion Paragraph 3 3. Recalls its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU and urges the Council to improve its rules and procedures as regards legislative transparency, including accessibility and classification of legislative documents, thereby allowing for legitimate scrutiny not only by the citizens, but also by the national parliaments; considers that the Council should record systematically the identity of Member State governments, when they express their positions in Council preparatory bodies and provide for a proactive regime of publication of its documents in a user-friendly and searchable format;
Amendment 13 #
Draft opinion Paragraph 3 3. Recalls its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU and urges the Council to improve its rules and procedures as regards legislative transparency, including accessibility and classification of legislative documents; Stresses the need to record systematically the identity of Member States taking positions in preparatory bodies, and stop the practice of restricting access to legislative documents while decision- making is ongoing;
Amendment 14 #
Draft opinion Paragraph 3 3. Recalls its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU and urges the Council to improve its rules and procedures as regards legislative transparency, including accessibility, communication and classification of legislative documents;
Amendment 15 #
Draft opinion Paragraph 3 a (new) 3a. Points out that international agreements are binding on, and have an effect on, EU legislation, and stresses the need to ensure transparency throughout the negotiating process; therefore regrets that the negotiations are kept secret and that citizens have access to no information other than documents leaked by the press, leading to speculation and inaccurate views on the status and nature of ongoing negotiations;
Amendment 16 #
Draft opinion Paragraph 3 a (new) 3a. Recalls that the widest possible public access to documents is essential to public scrutiny on all aspects of EU activity; recalls that trust of citizens in the Union depends on transparency;
Amendment 17 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the EU institutions to reply promptly to requests for access to documents;
Amendment 18 #
Draft opinion Paragraph 3 b (new) 3b. Considers it unacceptable that currently the only avenue open to citizens for challenging a refusal to an access to documents request is a complaint to the Court of Justice of the European Union, which entails extremely lengthy processes, the risk of high, even prohibitive costs, and uncertain outcome, putting an unreasonable and deterring burden on citizens who wish to challenge a decision to refuse (partial) access; emphasises that this means in practice that there is no effective legal remedy against a negative decision on a request for access to documents;
Amendment 19 #
Draft opinion Paragraph 3 c (new) 3c. Considers that EU institutions should not call on the opposing party to bear the costs of court cases; calls on the EU institutions to ensure that citizens are not prevented from challenging decisions for want of means;
Amendment 2 #
Draft opinion Paragraph 1 1. Stresses that the EU institutions have an obligation to implement Article 15(3) of the Treaty on the Functioning of the European Union (TFEU) and to adopt a legal instrument on access to documents in line with the democratic principles expressed in Article 10(3) of the Treaty on European Union (TEU) and with the rights
Amendment 20 #
Draft opinion Paragraph 4 4. Calls for the EU legislators to comply with the judgment of the General Court of 22 March 2018 (case T-540/15) on access to the documents of the trilogues, thereby further strengthening the culture of transparency in the EU’s legislative work; recalls nevertheless the strategic nature of these documents which are the basis of negotiating positions which do not necessarily reflect the final texts to be agreed by the co-legislators and whose publication in advance of the trilogue meeting could be subject to abuse by external parties;
Amendment 21 #
Draft opinion Paragraph 4 4. Calls for the EU legislators to comply with the judgment of the General Court of 22 March 2018 (case T-540/15) on access to the documents of the trilogues, thereby further strengthening the culture of transparency in the EU’s legislative work; underlines that a high level of transparency of the legislative process is an essential element for holding decision- makers in all EU institutions accountable;
Amendment 22 #
Draft opinion Paragraph 4 4. Calls for the EU legislators to comply with the judgment of the General Court of 22 March 2018 (case T-540/15) on access to the documents of the trilogues and to implement it as soon as possible, thereby further strengthening the culture of transparency in the EU’s legislative work;
Amendment 23 #
Draft opinion Paragraph 4 4. Calls
Amendment 24 #
Draft opinion Paragraph 4 4. Calls for the EU legislators to comply with the judgment of the General Court of 22 March 2018 (case T-540/15, De Capitani case) on access to the documents of the trilogues, thereby further strengthening the culture of transparency in the EU’s legislative work;
Amendment 25 #
Draft opinion Paragraph 4 4. Calls for the EU legislators to comply with the judgement of the General Court of 22 March 2018 (case T-540/15) on access to the documents of the trilogues, thereby further strengthening the culture of transparency and open communication in the EU’s legislative work;
Amendment 26 #
Draft opinion Paragraph 5 5. Urges the EU institutions to implement without delay the commitment they undertook in the Interinstitutional Agreement on Better Law-Making to create a single interinstitutional database of legislative documents, allowing for the transparency of the various steps in the legislative process and providing EU citizens with clearer understanding of the EU legislative procedures;
Amendment 27 #
Draft opinion Paragraph 5 5. Urges the EU institutions to implement without delay the commitment they undertook in the Interinstitutional Agreement on Better Law-Making to
Amendment 28 #
Draft opinion Paragraph 5 a (new) 5a. Welcomes the Commission’s proposal to create a mandatory Transparency Register covering all EU institutions; urges the institutions to conclude the negotiations on the Commission proposal as soon as possible, rendering the work of the institutions as transparent as possible in the interest of the democratic process, while ensuring the involvement of citizens and full respect for the rule of law in the Union;
Amendment 29 #
Draft opinion Paragraph 5 a (new) 5a. Considers that in camera sessions in EU institutions are often not sufficiently justified; calls for clear rules governing requests for in camera sessions in the EU institutions;
Amendment 3 #
Draft opinion Paragraph 1 1. Stresses that the EU institutions have an obligation to implement Article 15(3) of the Treaty on the Functioning of the European Union (TFEU) and to adopt a legal instrument on access to documents in line with the democratic principles expressed in Article 10(3) of the Treaty on European Union (TEU) and with the rights of EU citizens enshrined in Articles 41 and 42 of the Charter of Fundamental Rights; highlights that Article 15(3) of the TFEU envisages enhanced institutional scope;
Amendment 30 #
Draft opinion Paragraph 6 6. Welcomes the creation by the Commission president of the position of Vice-President with explicit responsibility for transparency; calls on the Commission Vice-President for Values and Transparency to
Amendment 31 #
Draft opinion Paragraph 6 a (new) 6a. Welcomes the adoption of the Regulation (EU) 2019/788, on European Citizens’ Initiative which shall promote enhanced participation of the EU citizens in democratic life and expects the Commission to apply highest standards of transparency to the actions aiming to implement requests expressed in successful initiatives (in line with Article 15(2) and 15(3) of the Regulation);
Amendment 32 #
Draft opinion Paragraph 6 a (new) 6a. Recalls that, in accordance with Article 10(3) of the EU Treaty, citizens must be able to participate in the democratic life of the Union and transparency is key to this; calls for citizens to be given access to the minutes of the Council meetings, in particular so that they can see the positions adopted by their Member States.
Amendment 33 #
Draft opinion Paragraph 6 b (new) 6b. Recalls that, in accordance with Article 3 (TEU) and the EU Charter of Fundamental Rights, the Union’s rich linguistic diversity must be respected; calls for citizens to be given access to all documents in all official languages of the European Union.
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1a. Points out that transparency and full access to documents held by the institutions must be the rule, in accordance with Regulation (EC) No 1049/2001, and that, as already laid down in the established case-law of the Court of Justice of the European Union, exceptions to that rule have to be properly interpreted, taking into account the overriding public interest in terms of disclosure and in terms of the requirements of democracy, including closer involvement of citizens in the decision-making process, the legitimacy of governance, efficiency, and accountability to citizens;
Amendment 5 #
Draft opinion Paragraph 2 2. Underlines the fact that Article 10(3) of the TEU grants EU citizens the right to participate in the democratic life of the Union and stipulates that decisions must be taken as openly and closely as possible to the citizen; insists that all institutions must strive to implement these principles; stresses that as an integral part of the EU legislature, the Council is bound by the same transparency obligations as the other institutions of the EU; calls therefore on the Council to live up to these obligations;
Amendment 6 #
Draft opinion Paragraph 2 2. Underlines the fact that Article 10(3) of the TEU grants EU citizens the right to participate in the democratic life of the Union and stipulates that decisions must be taken as openly and closely as possible to the citizen; insists that all institutions must strive to implement these principles; recalls that in order to promote good governance and ensure the participation of civil society, the Union’s institutions, bodies, offices and agencies shall conduct their work as transparent as possible;
Amendment 7 #
Draft opinion Paragraph 2 2. Underlines the fact that Article 10(3) of the TEU grants EU citizens the right to participate in the democratic life of the Union and stipulates that decisions must be taken as openly and closely as possible to the citizen; insists that all institutions must strive to implement these principles, ensuring that the democratic political system remains accountable and legitimate while respecting the rule of law;
Amendment 8 #
Draft opinion Paragraph 2 2. Underlines the fact that Article 10(3) of the TEU grants EU citizens the right to participate in the democratic life of the Union and stipulates that decisions must be taken as openly, transparently and closely as possible to the citizen; insists that all institutions must strive to implement these principles in an objective and non-discriminatory manner;
Amendment 9 #
Draft opinion Paragraph 2 a (new) 2a. Regrets that it is still difficult for citizens to gain access to information held by the EU institutions due to the absence of an effective interinstitutional approach that is geared towards citizens and based on full transparency, communication and direct democracy;
source: 652.576
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