2019/2198(INI) | [ParlTrack]

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 #

Victor NEGRESCU

Draft opinion
Paragraph 3

Amendment 14 #

Draft opinion
Paragraph 3

Amendment 15 #

Gilles BOYER, Sophia IN 'T VELD, Sandro GOZI, Cristian GHINEA

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 #

Sophia IN 'T VELD

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 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; believes that an updated legal regime would have the potential of taking into account technological developments, experience with the application of the Regulation 1049/2001 and relevant jurisprudence;

Amendment 20 #

Gilles BOYER, Sandro GOZI, Cristian GHINEA, Charles GOERENS

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 #

Juan Fernando LÓPEZ AGUILAR

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 #

Leila CHAIBI

Draft opinion
Paragraph 4

4. Calls ~~for~~on all 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 as soon as possible, thereby further strengthening the culture of transparency in the EU’s legislative work;

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

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 #

Juan Fernando LÓPEZ AGUILAR

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

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 ~~restart the long-overdue implementation of Article 15(3) of the TFEU.~~put all efforts in finding swift agreement on the revision of Regulation (EC) No 1049/2001; is fundamentally opposed to the intention of the Commission to withdraw this proposal; considers the mere fact that a file is blocked in Council, one of the two legislators, insufficient grounds for withdrawal;

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 #

Leila CHAIBI

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 #

Leila CHAIBI

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 #

Victor NEGRESCU

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

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

2020/11/13 LIBE 138 amendments...

Amendment 1 #

Motion for a resolution
Citation 1

— having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), in particular, articles 1, 9, 10, 11 and 16 of the TEU and article 15 of the TFEU;

Amendment 10 #

Motion for a resolution
Recital A

A. whereas, under the Treaties, the Union ‘shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions’ (Article 9 of the TEU); whereas ‘every citizen shall have the right to participate in the democratic life of the Union’, and whereas ‘decisions shall be taken as openly and as closely as possible to the citizen’ (Article 10(3) of the TEU, read in the light of the thirteenth recital of its preamble and its Articles 1(2) and 9);

Amendment 100 #

Motion for a resolution
Paragraph 14 d (new)

14d. Reiterates that the conclusions of the General Court apply to all EU Institutions; stresses that any refusal for access to documents must be fully justified for every specific case;

Amendment 101 #

Motion for a resolution
Paragraph 15

15. Points out that, as a result of the entry into force of the TEU and the TFEU, the right of access to documents pertains to all EU institutions, bodies, and agencies; believes that Regulation (EC) No 1049/2001 should be amended and modernised to react to the developments that have taken place in this area, also in the light of the relevant case law of the CJEU and ECtHR; Urges therefore the Council to work constructively with Parliament and finally adopt the revised Regulation;

Amendment 102 #

Motion for a resolution
Paragraph 15

15. Points out that, as a result of the entry into force of the TEU and the TFEU, the right of access to documents pertains to all EU institutions, bodies, and agencies; ~~believe~~this is stated in Article 15 (3) TFEU. Considers that Regulation (EC) No 1049/2001 should be amended and modernised ~~to react to the developments that have taken place in this area, also~~in order to bring it in line with the TFEU, the developments in this field, and in the light of the relevant case law of the CJEU and ECtHR;

Amendment 103 #

15a. Supports the civil society's call1a for a reform regarding the public hearings of the European Court of Justice to be live streamed, as it already is the case for some national and international courts, for example the Conseil Constitutionnel in France and the European Court of Human Rights; _________________ 1a https://thegoodlobby.eu/campaigns/open- letter-to-the-president-of-the-court-of- justice-of-the-european-union-asking-for- eu-courts-to-live-stream-their-public- hearings/

Amendment 104 #

Motion for a resolution
Paragraph 16

16. Emphasises the importance of transparency and public access to documents; stresses that a high level of transparency in the legislative process is essential in terms of enabling citizens, the media and stakeholders to hold their elected officials and governments to account; acknowledges the valuable role played by the Ombudsman in liaising and acting as a mediator between the EU institutions and citizens, and highlights the Ombudsman’s work in making the EU legislative process more accountable to the publicnotes that the Ombudsman only acts to enhance transparency if it counters the rise in populism, in other words the will of the people of Europe;

Amendment 105 #

Motion for a resolution
Paragraph 16

16. Emphasises the importance of transparency, which is essential in enhancing public accountability and public access to documents; stresses that a high level of transparency in the legislative process is essential in terms of enabling citizens, the media and stakeholders to hold their elected officials and governments to account; acknowledges the valuable role played by the Ombudsman in liaising and acting as a mediator between the EU institutions and citizens, and highlights the Ombudsman’s work in making the EU legislative process more accountable to the public;

Amendment 106 #

Motion for a resolution
Paragraph 16

16. Emphasises the importance of transparency and public access to documents in all of the EU’s official languages; stresses that a high level of transparency in the legislative process is essential in terms of enabling citizens, the media and stakeholders to hold their elected officials and governments to account; acknowledges the valuable role played by the Ombudsman in liaising and acting as a mediator between the EU institutions and citizens, and highlights the Ombudsman’s work in making the EU legislative process more accountable to the public;

Amendment 107 #

Motion for a resolution
Paragraph 16 – subparagraph 1 (new)

Recalls in this respect the Ombudsman decision, dated 19/12/2017, in case 682/2014/JF where the Commission's requirement that all persons who ask for public access to documents must provide their postal address for its paper post sending arrangements is maladministration, highlighting that insisting on renewed requests and procedural formalities, when they are unnecessary and serve no obvious useful purpose, shows a lack of respect for citizens' fundamental rights;

Amendment 108 #

Motion for a resolution
Paragraph 16 a (new)

16a. Stresses that ensuring that citizens are able to understand, follow in detail and participate in the progress of legislation is a legal requirement under the Treaties and a basic requirement for democratic scrutiny and democracy as a whole; calls on the EU institutions to make available documents forming part of, or related to, legislative procedures; believes that documents created in trilogues such as agendas, summaries of outcomes, minutes and general approaches in the Council are related to legislative procedures and should be treated as legislative documents; considers that the EU institutions should make as many documents as possible accessible to the public via their websites;

Amendment 109 #

Motion for a resolution
Paragraph 16 a (new)

16a. Points out that the transparency of the comitology procedures and the accessibility of the comitology register should be further increased and changes to its content should be made in order to ensure that there is greater transparency concerning the decision-making process; underlines that improving the search functions of the register to allow searches by policy area would be an essential element in this process;

Amendment 11 #

Motion for a resolution
Recital B

B. whereas Article 15 of the TFEU states 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 openly as possible’ and that ‘any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union’s institutions, bodies, offices and agencies, subject to the principles and the conditions defined in the EU secondary legislation’;

Amendment 110 #

Motion for a resolution
Paragraph 16 a (new)

16a. Welcomes the investigations opened by the European Ombudsman into the malpractices of the agency FRONTEX when it comes to public access to documents; Urges the Agency to comply with its legal and moral obligations by granting access and publishing its available documents;

Amendment 111 #

Motion for a resolution
Paragraph 16 b (new)

16b. Deplores the fact that the Council does not proactively publish most documents related to legislative files, preventing citizens from knowing which documents actually exist and thus impeding their right to request access to documents; regrets the fact that available information on legislative documents is presented by the Council in a register which is incomplete and not user-friendly; calls on the Council to list in a user- friendly public register all the documents related to legislative files, irrespective of their format and their classification;

Amendment 112 #

Motion for a resolution
Paragraph 16 c (new)

16c. Considers the Council’s practice of systematically classifying documents distributed in its preparatory bodies relating to legislative files as ‘LIMITE’ to be a violation of the CJEU case law and of the legal requirement that there should be the widest possible public access to legislative documents; calls on the Council to fully implement the rulings of the CJEU; recalls that the ‘LIMITE’ marking has no solid legal basis and considers that the Council’s internal guidelines should be reviewed in order to guarantee that documents can only be marked as ‘LIMITE’ in duly justified cases complying with CJEU caselaw;

Amendment 113 #

Motion for a resolution
Paragraph 17

17. Fully endorses the European Ombudsman’s recommendations to the Council following the strategic inquiry, and urges the Council to take all measures necessary to implement the Ombudsman’s recommendations as quickly as possible in order to guarantee the transparency of legislative discussions in its preparatory bodies;deleted

Amendment 114 #

Motion for a resolution
Paragraph 17

17. Fully endorses the European ombudsman’s recommendations to the Council following the strategic inquiry, ~~and~~namely: a) to systematically record the identity of Member State governments when they express positions in Council preparatory bodies, b) to develop clear and publicly available criteria for how it designates documents as ‘LIMITE’, in line with EU law, and c) to systematically review the ‘LIMITE’ status of documents at an early stage, before the final adoption of a legislative act, including before informal negotiations in trilogues, at which point the Council will have reached an initial position on the proposal; urges the Council to take all measures necessary to implement the Ombudsman’s recommendations as quickly as possible in order to guarantee the transparency of legislative discussions in its preparatory bodies;

Amendment 115 #

Motion for a resolution
Paragraph 18

18. Takes note of the fact that Parliament has seen a significant increase in applications requesting public access to the multi-column documents discussed in trilogue meetings following the judgment of the General Court in the De Capitani case5 , and notes with satisfaction that since the judgment, Parliament has disclosed all the multi-column documents to which access was requested under Regulation (EC) No 1049/2001; welcomes this fact since the openness of the legislative process contributes to conferring greater legitimacy on the institutions in the eyes of EU citizens; _________________ 5Judgment of the General Court of 22 March 2018, Emilio De Capitani v European Parliament, T-540/15, ECLI:EU:T:2018:167.

Amendment 116 #

Motion for a resolution
Paragraph 18

18. Takes note of the fact that Parliament has seen a significant increase in applications requesting public access to the multi-column documents discussed in trilogue meetings following the judgment of the General Court in the De Capitani case5 , and notes ~~with satisfaction~~ that since the judgment, Parliament has disclosed all the multi- column documents to which access was requested under Regulation (EC) No 1049/2001; calls for a systematic, timely and pro-active publication of these multi- column documents in a user-friendly database accessible to the public; _________________ 5Judgment of the General Court of 22 March 2018, Emilio De Capitani v European Parliament, T-540/15, ECLI:EU:T:2018:167.

Amendment 117 #

Motion for a resolution
Paragraph 19

19. Underlines that the Court ruling in the De Capitani case in March 2018 states that the institutions’ views reflected in the ‘four-column’ documents did not fall under a general presumption of non-disclosure; notes that the sensitive nature of the subject matter reflected in the trilogue documents was not in itself considered to constitute sufficient grounds for refusing access to the public; notes that access to documents relating to ongoing trilogues must in principle be granted on specific request, unless the institution proves that it is reasonably foreseeable and not purely hypothetical that full access to the documents at issue is likely to undermine, specifically and actually, the decision- making process;

Amendment 118 #

Motion for a resolution
Paragraph 19 a (new)

19a. Regrets that until the present day the advices of the Legal Service of the European Parliament are limited in access, often even not available for the Members of other committees; Calls upon the institution to increase transparency and make all the legal advices publicly accessible;

Amendment 119 #

Motion for a resolution
Paragraph 20

20. Recalls that the Court makes it clear that where a document originating in an EU institution is covered by an exception to the right to public access, the institution must clearly assess ~~and~~, explain and justify why access to this document could specifically and effectively undermine the interest protected by the exception, notably why full access to the documents at issue would undermine, specifically and actually, the decision-making process, thus requiring that this risk must be reasonably foreseeable and not purely hypothetical;

Amendment 12 #

Motion for a resolution
Recital B a (new)

Ba. whereas, in view of the growing distance between the EU and its citizens, the EU institutions must strive for the highest possible standards of transparency, accountability and integrity; whereas these principles are key components in promoting good governance within the EU institutions and in ensuring greater openness in the functioning of the EU and its decision- making process, and whereas these should be the leading principles of the culture within the institutions;

Amendment 120 #

Motion for a resolution
Paragraph 20 a (new)

20a. Welcomes that the ClientEarth vs Commission case significantly clarifies the scope of the concept of "legislative documents" and CJEU found that documents drawn up in the context of an impact assessment qualify as legislative documents and thus cannot be protected under a general presumption against public disclosure;

Amendment 121 #

Motion for a resolution
Paragraph 20 b (new)

20b. Notes that as regards the exception for the protection of international relations, the General Court acknowledges in several cases, the wide margin of appreciation held by the institution in its framework due to the particularly sensitive and essential nature of the interests protected;

Amendment 122 #

Motion for a resolution
Paragraph 21

21. Stresses that privacy and the protection of personal data should be respected while ensuring transparency, securing a case by case evaluation and observing the principle of restrictively interpreting exceptions to the right of citizens of accessing public information and documents;

Amendment 123 #

Motion for a resolution
Paragraph 21

21. Stresses that privacy and the protection of personal data should be respected while ensuring transparency and free movement of personal data;

Amendment 124 #

Motion for a resolution
Paragraph 21 a (new)

21a. Calls on the EU institutions to develop a common approach to access to documentation, including the procedure for trilogue materials;

Amendment 125 #

Motion for a resolution
Paragraph 22

22. Calls on all the institutions, bodies, offices and agencies to constantly explore ~~and develop~~ new methods and measures to achieve ~~enhanced transparenc~~maximum transparency, and to further develop a more proactive approach on transparency by proactively disclosing documents in the most simple, user- friendly and accessible way;

Amendment 126 #

Motion for a resolution
Paragraph 22

22. Calls on ~~all the institut~~the European Parliament and the Commissions to ~~constantly explore and develop new methods and measures to achieve enhanced transparency~~respect the democratically elected governments in order to move closer to its citizens;

Amendment 127 #

Motion for a resolution
Paragraph 23

23. Calls on the institutions to ensure the transparency of legislative procedures on the basis of the relevant legislation and case law; emphasises at the same time the need to maintain a balance between transparency targets and preserving the cohesion, effectiveness and flexibility of legislative procedures;

Amendment 128 #

Motion for a resolution
Paragraph 23

23. Calls on the institutions to ensure the transparency of legislative procedures on the basis of the relevant legislation ~~and~~, case law and Ombudsman recommendations;

Amendment 129 #

Motion for a resolution
Paragraph 23 a (new)

23a. Regrets that official documents are frequently over-classified; reiterates its position that clear and uniform rules should be established for the classification and declassification of documents;

Amendment 13 #

Motion for a resolution
Recital B a (new)

Ba. whereas, on the other hand, under Article 339 of the TFEU „the members of the institutions of the Union, the members of committees, and the officials and other servants of the Union shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy”;

Amendment 130 #

Motion for a resolution
Paragraph 23 b (new)

23b. Urges the Council to align its working methods with the standards of a parliamentary and participatory democracy as required under the Treaties, and reiterates that the Council must be as accountable and transparent as the other institutions;

Amendment 131 #

Motion for a resolution
Paragraph 24

24. Emphasises that open democratic societies depend on the ability of citizens to access a variety of verifiable information sources so that they can form a view on different issues; emphasises, too, that citizens’ access to information enhances accountability in decision-making and is, therefore, essential for the efficient functioning of democratic societies;

Amendment 132 #

Motion for a resolution
Paragraph 24

24. ~~Emphasises that open democratic societies depend on the ability of citizens to access a variety of verifiable information sources so that they can form a view on different issues~~Is concerned about the European Commission’s desire to censure social networks, which are spaces for freedom of expression where the EU is often criticised;

Amendment 133 #

Motion for a resolution
Paragraph 24

24. Emphasises that open democratic societies depend on the ability of citizens to access a variety of verifiable information sources in their own official language so that they can form a view on different issues;

Amendment 134 #

Motion for a resolution
Paragraph 24 a (new)

24a. Calls on all the institutions to improve communication to the public during the whole legislative cycle and to proactively disseminate more of their own documents related to the legislative procedure through their publication on their websites and in various Registers;

Amendment 135 #

Motion for a resolution
Paragraph 24 a (new)

24a. Requests urgent measures to enhance the transparency of decisions taken in infringement procedures;

Amendment 136 #

Motion for a resolution
Paragraph 24 b (new)

24b. Calls on the institutions to step up efforts for establishing a dedicated and user-friendly joint database on the state of play of legislative files for which work is ongoing as agreed in the Interinstitutional Agreement on Better Law-Making;

Amendment 137 #

Motion for a resolution
Paragraph 24 c (new)

24c. Requests the Interinstitutional Committee established by Article 15(2) of Regulation (EC)No 1049/2001 to proactively report to the competent committees and to systematically have discussions and deliberations with civil society, the European Ombudsman and the European Data Protection Supervisor;

Amendment 138 #

Motion for a resolution
Paragraph 24 d (new)

24d. Calls on the institutions to evaluate and, where necessary, review their internal arrangements for reporting wrongdoing, and calls for enhanced protection of whistleblowers;

Amendment 14 #

Motion for a resolution
Recital B a (new)

Ba. whereas the right of access to documents, and its nature as a fundamental right, is further emphasised by Article 42 of the EU Charter of Fundamental Rights, which now enjoys "the same legal value as the Treaties";

Amendment 15 #

Motion for a resolution
Recital B b (new)

Bb. whereas the right of access to documents is a fundamental right, protected by the Charter of Fundamental Rights and the Treaties, which should be exercised as early as possible enabling citizens to effectively exercise their right to scrutinise the work and activities of EU institutions, bodies, offices and agencies, in particular the legislative process;

Amendment 16 #

Motion for a resolution
Recital B b (new)

Bb. whereas the functioning of Union institutions should be in compliance with the principle of the rule of law; whereas transparency and good governance form essential components of such requirement;

Amendment 17 #

C. whereas the European Parliament should works with a high degree of transparency in its legislative procedure, including at the committee stage, making it possible for citizens, the media and stakeholders to clearly identify different positions within Parliament and the origin of specific proposals, as well as to follow the adoption of final decisiongiven the recurring criticisms of the way in which it operates;

Amendment 18 #

Motion for a resolution
Recital C

C. whereas the European Parliament works with a ~~high~~ degree of transparency in its legislative procedure, including at the committee stage, ~~making~~which makes it possible for citizens, the media and stakeholders to clearly identify different positions within Parliament and the origin of specific proposals, as well as to follow the adoption of final decisions;

Amendment 19 #

Motion for a resolution
Recital C a (new)

Ca. whereas the leading concern in the inquiries closed by the Ombudsman in 2018 were: transparency, accountability and public access to information and documents (24.6%), followed by culture of service (19.8%) and proper use of discretion (16.1%); whereas other concerns included respect of procedural rights such as the right to be heard, respect of fundamental rights, recruitment, ethical issues, public participation in EU decision-making, including in infringement procedures, sound financial management of EU tenders, grants and contracts, recruitment and good management of EU personnel issues;

Amendment 2 #

Motion for a resolution
Citation 2

— having regard to the Charter of Fundamental Rights of the European Union, in particular articles 41 and 42;

Amendment 20 #

Motion for a resolution
Recital C b (new)

Cb. whereas in 2018 the Ombudsman launched a new website, which includes a revised and user-friendly interface for potential complainants; whereas the Ombudsman's "fast-track" procedure for dealing with complaints about public access to documents reflects the Ombudsman's commitment to provide assistance and to take decisions quickly for those seeking assistance;

Amendment 21 #

D. whereas the Ombudsman’s strategic inquiry OI/2/2017/TE found that the Council’s lack of transparency regarding public access to its legislative documents and its current practices in its decision-making process constitute maladministration; whereas on 16 May 2018, following the Council’s reluctance to implement her recommendations, the Ombudsman submitted Special Report OI/2/2017/TE on the transparency of the Council legislative process to Parliament; whereas in its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry, Parliament endorsed the Ombudsman’s recommendations;deleted

Amendment 22 #

Motion for a resolution
Recital D

D. whereas the Ombudsman’s strategic inquiry OI/2/2017/TE found that the Council’s lack of transparency regarding public access to its legislative documents and its current practices in its decision- making process, specifically during the preparatory stage at the Council preparatory bodies, including its Committees, working parties and the Committee of Permanent Representatives (COREPER) constitute maladministration; whereas on 16 May 2018, following the Council’s reluctance to implement her recommendations, the Ombudsman submitted Special Report OI/2/2017/TE on the transparency of the Council legislative process to Parliament; whereas in its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry, Parliament endorsed the Ombudsman’s recommendations; whereas the Council’s absence of commitment in ensuring transparency reflects a lack of accountability in its role as EU co- legislator;

Amendment 23 #

Motion for a resolution
Recital D a (new)

Da. whereas in case 1302/2017/MH on the European Commission's handling of a request for public access to the opinions of its Legal Service concerning the Transparency Register, the Ombudsman found that the European Commission's continuous refusal to grant access to the documents constitutes maladministration due to the fact that the Commission has failed to be as open and forthcoming as possible about the very measure aimed at promoting transparency as a means to achieve greater EU legitimacy and accountability;

Amendment 24 #

Motion for a resolution
Recital D a (new)

Da. whereas citizens’ trust in the EU institutions is fundamental for democracy, good governance and effective policy- making; whereas there is a need to reduce accountability gaps within the EU and to ensure modes of scrutiny which combine democratic oversight, control and auditing activities, while also ensuring maximum transparency;

Amendment 25 #

Motion for a resolution
Recital D a (new)

Da. whereas ensuring the EU is transparent by enabling access to documents to allow Union citizens to see how and why decisions are made and to enable Parliament’s position of strong support for transparency for the citizen;

Amendment 26 #

Motion for a resolution
Recital D b (new)

Db. whereas openness and transparency principles should govern not only the decision-making process but also the way in which a text is drafted; whereas transparency and access to documents should also be guaranteed in relation to how EU policies are implemented at all levels and how EU funds are used;

Amendment 27 #

Motion for a resolution
Recital D b (new)

Db. whereas openness and the participation of civil society are essential conditions for promoting good governance of the EU institutions and with it the effectiveness of the decision- making process;

Amendment 28 #

Motion for a resolution
Recital D c (new)

Dc. whereas, in accordance with the basic principles of democracy, citizens have a right to know and to follow the decision-making process, and whereas the fulfilment of this responsibility by the EU institutions and the Council throughout the legislative process should allow the media comprehensive democratic scrutiny;

Amendment 29 #

Motion for a resolution
Recital D c (new)

Dc. whereas according to Article 16(8) TEU the Council must meet in public when it deliberates and votes on a draft legislative act; whereas designating most preparatory documents in ongoing legislative procedures as ‘LIMITE’ represents a disproportionate restriction on citizens’ right to access legislative documents;

Amendment 3 #

Motion for a resolution
Citation 3 a (new)

- having regard to Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies1a, _________________ 1a OJ L 264, 25.9.2006, p. 13.

Amendment 30 #

Motion for a resolution
Recital D d (new)

Dd. whereas there is a clear public interest in disclosing legislative documents so that citizens can effectively exercise their right to scrutinise the legislative process; whereas in order to enable citizens to fully exercise their right to access documents, all legislative documents produced and/or circulated in preparatory bodies should be listed in a user-friendly public register;

Amendment 31 #

Motion for a resolution
Recital D d (new)

Dd. whereas the need for transparency should be in careful balance with the need to protect personal data and to allow decisions to be made with a degree of confidentiality where necessary;

Amendment 32 #

Motion for a resolution
Paragraph 1

1. Is resolutely determined in its endeavour to bring citizens closer to its decision-making process; stresses that Article 10(3) TEU recognises participatory democracy as one of the main democratic principles of the EU, thereby highlighting that decisions must be taken as close to citizens as possible; recalls that fully democratic and highly transparent decision-making at the European level is indispensable to increase citizens’ trust in the EU institutions;

Amendment 33 #

Motion for a resolution
Paragraph 1

1. Is resolutely determined in its endeavour to bring citizens closer to its decision-making process, for example by making widespread use of impact assessments, ensuring transparency in the negotiations on international agreements, respecting the national parliaments and refraining from rejecting initiatives by European citizens for ideological reasons;

Amendment 34 #

Motion for a resolution
Paragraph 1

1. Is resolutely determined in its endeavour to bring citizens closer to its decision-making process in order to improve the quality and social legitimacy of its decisions, and create the right conditions for the information, consultation and participation of citizens in its decision-making process;

Amendment 35 #

Motion for a resolution
Paragraph 1

1. ~~Is resolutely determined in its endeavour~~Undertakes to bring citizens closer to its decision-making process;

Amendment 36 #

Motion for a resolution
Paragraph 1 a (new)

1a. Emphasises the importance of transparency in the functioning of the EU institutions in particular under extraordinary circumstances such as the current Covid-19 pandemic situation; recalls that the principle of transparency includes knowledge of the decision- making process; emphasises that in emergency situations it is particularly important that certain parliamentary bodies do not expand beyond their remit and the Parliament acts in accordance with the existing rules;

Amendment 37 #

Motion for a resolution
Paragraph 1 a (new)

1a. Emphasises the necessity for all the institutions of the EU to move forward with a similar level of transparency;

Amendment 38 #

Motion for a resolution
Paragraph 2

2. Notes with satisfaction the designation of a Commissioner responsible for transparency with a mission to introduce greater transparency into the legislative process in the European institutions and in the Member States, for the benefit of EU citizens;

Amendment 39 #

Motion for a resolution
Paragraph 2

2. Notes ~~with satisfaction~~ the designation of a Commissioner responsible for transparency with a mission to introduce greater transparency into the legislative process;

Amendment 4 #

Motion for a resolution
Citation 3 a (new)

- having regard to its resolution of 11 March 2014 on public access to documents (Rule 104(7)) for the years 2011-2013;

Amendment 40 #

Motion for a resolution
Paragraph 2 a (new)

2a. Emphasises that transparency and accountability are fundamental to retaining citizens’ trust in the EU’s political, legislative and administrative activities;

Amendment 41 #

Motion for a resolution
Paragraph 3

3. Recalls that Parliament represents the interests of European citizens in an open and transparent manner, with the aim of keeping them fully informed and with due regard for their needs and aspirations, as confirmed by the Ombudsman~~, and~~; takes note of the progress made by the Commission in improving its transparency standards; regrets the fact that the Council has not yet implemented comparable standards;

Amendment 42 #

Motion for a resolution
Paragraph 3

3. Recalls that Parliament should, in theory, represents the interests of European citizens in an open and transparent manner, a~~s confirmed by the Ombudsman, and takes note of the pro~~nd regrests ~~made by the Commission in improving its~~the lack of transparency stand~~ards; regrets the fact that the Council has not yet implemented comparable standards~~ legitimacy of the European Commission;

Amendment 43 #

Motion for a resolution
Paragraph 3 a (new)

3a. Regrets that the decision making process in the Council is still shrouded in secrecy, and that the Council tries to circumvent CJEU rulings rather than implementing them;

Amendment 44 #

Motion for a resolution
Paragraph 3 b (new)

3b. Calls on all Member States to take example from Austria, which proactively and swiftly publishes Council documents, including Council presidency proposals;

Amendment 45 #

Motion for a resolution
Paragraph 3 c (new)

3c. Regrets the deliberate refusal of the Commission to provide detailed information on implementation of EU legislation to Parliament; calls on the institutions to respect the principle of sincere cooperation and proactively publish this information;

Amendment 46 #

Motion for a resolution
Paragraph 3 d (new)

3d. Regrets the Commission's refusal to publish statistics indicating the effectiveness of EU policies, which hinders any public scrutiny over policies significantly impacting fundamental rights; calls on the Commission to proactively publish such statistics in order to prove that policies are necessary and proportionate to achieve their objective;

Amendment 47 #

Motion for a resolution
Paragraph 3 e (new)

3e. Calls on the Commission to be more transparent as regards contracts with third parties; calls on the Commission to proactively publish information about the tender process including the criteria against which third parties tenders are assessed, possible prior risk assessments, scientific evidence of the effectiveness of the product or service covered, the contract including the amount of EU funding spent and time period, the desired outcomes, possible audits and the assessment of the result;

Amendment 48 #

Motion for a resolution
Paragraph 4

4. Points out that transparent law- making is of the utmost importance to citizens and the only way to ensure their active participation in the law-making process; welcomes the 2016 Interinstitutional Agreement (IIA) on Better Law-Making, and the commitment therein by the three institutions to ensure the transparency of legislative procedures on the basis of relevant legislation and case law, including an appropriate handling of trilateral negotiations;

Amendment 49 #

Motion for a resolution
Paragraph 4

4. Points out that transparent law- making is of the utmost importance to citizens; ~~welcomes~~notes the objectives of the 2016 Interinstitutional Agreement (IIA) on Better Law-Making, and the commitment therein by the three institutions to ensure the transparency of legislative procedures on the basis of relevant legislation and case law, including an appropriate handling of trilateral negotiation but points out that, in reality, it has not resulted in any legislation that is easier to comprehend, simpler and drawn up via a more democratic process;

Amendment 5 #

Motion for a resolution
Citation 3 b (new)

- having regard to its legislative resolution of 15 December 2011 on the proposal for a regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (recast)1a, _________________ 1a Text adopted, P7_TA(2011)0580)

Amendment 50 #

Motion for a resolution
Paragraph 5

5. Calls on the institutions to continue discussions on moving towards the establishment of a dedicated joint database on the state of play of legislative files (Joint Legislative Database) as agreed in the IIA on Better Law-Making;underlines the importance of considering each institution’s individual needs in this regard;

Amendment 51 #

Motion for a resolution
Paragraph 5

Amendment 52 #

Motion for a resolution
Paragraph 5

5. ~~Calls on~~Urges the institutions to ~~continue discussions on moving towards the~~ establish~~ment of~~ a dedicated and user-friendly joint database on the state of play of legislative files (Joint Legislative Database) as agreed in the IIA on Better Law-Making;

Amendment 53 #

Motion for a resolution
Paragraph 5 a (new)

5a. Welcomes the initiatives already launched which address public demands for more transparency, such as the Interinstitutional Register of Delegated Acts launched on December 2017 as a joint tool of the European Parliament, European Commission and the Council giving access to the whole lifecycle of delegated acts;

Amendment 54 #

Motion for a resolution
Paragraph 6

6. Recognises the new Code of Conduct for the Commission’s members which entered into force in February 2018, and which increases transparency primarily in relation to the meetings held between the Commissioners and interest representatives, as well as to the costs of the business travel of individual Commissioners; underlines that under Article 15 of the TFEU all citizens of the European Union have a right of access to the documents and information arising from the activity of the European Commission, covering details of meetings, agendas and even minutes; calls on the Commission to fulfil this obligation especially in situations where the statement of the other participating party is contrary to the own allegations of the Commission;

Amendment 55 #

Motion for a resolution
Paragraph 6

6. ~~Recognis~~Welcomes the new Code of Conduct for the Commission’s members which entered into force in February 2018, and which increases transparency primarily in relation to the meetings held between the Commissioners and interest representatives, as well as to the costs of the business travel of individual Commissioners; believes, however, that further reinforcements of the provisions of the Code must be made; regrets that the Council has still not adopted a code of conduct for its members and urges the Council to adopt it without further delay; insists that the Council must be as accountable and transparent as the other institutions;

Amendment 56 #

Motion for a resolution
Paragraph 6

6. Recognises the new Code of Conduct for the Commission’s members which entered into force in February 2018, and which i~~ncreases~~s supposed to ensure transparency primarily in relation to the meetings held between the Commissioners and interest representatives, as well as to the costs of the business travel of individual Commissioners; is concerned about the influence of lobbyists on the Commission, whose power is inversely proportional to its legitimacy;

Amendment 57 #

Motion for a resolution
Paragraph 7

7. Recalls its revised Rules of Procedure according to which Members are invited to adopt the systematic practice of only meeting interest representatives that have registered in the Transparency Register; also recalls that Members are invited to publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register, while rapporteurs, shadow rapporteurs and committee chairs are obliged, for each report, to publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register; points out however, that elected representatives are free to meet with anyone they consider relevant and important for their political work, without restrictions, other than legal and penal ones;

Amendment 58 #

Motion for a resolution
Paragraph 7

7. Recalls its revised Rules of Procedure according to which Members are invited to adopt the systematic practice of only meeting interest representatives that have registered in the Transparency Register; ~~also recall~~regrets that Members are ~~invit~~not required to publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register~~, while~~ and calls upon the Parliament to make it mandatory for each Member to publish their meetings; welcomes that rapporteurs, shadow rapporteurs and committee chairs are obliged, for each report, to publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register;

Amendment 59 #

Motion for a resolution
Paragraph 7

7. Recalls its revised Rules of Procedure according to which Members are ~~invit~~required to adopt the systematic practice of only meeting interest representatives that have registered in the Transparency Register; ~~also~~further recalls, that Members are ~~invit~~also required to publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register, while rapporteurs, shadow rapporteurs and committee chairs are obliged, for each report, to publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register;

Amendment 6 #

Motion for a resolution
Citation 5 a (new)

- having regard to its resolution of 16 November 2017 on the annual report on the activities of the European Ombudsman in 20161a, _________________ 1a Text adopted, P8_TA(2017)0449.

Amendment 60 #

Motion for a resolution
Paragraph 7 a (new)

7a. Considers that the current way to find the voting behaviour of Members of European Parliament, via pdf-files covering hundreds of votes on the Parliament's website, is not user-friendly and does not contribute to the EU's transparency; calls for a user-friendly system where for each roll-call vote the text voted and the voting results per group and per MEP are visible at the same time;

Amendment 61 #

Motion for a resolution
Paragraph 8

~~8. Reiterates its call on the Council, including its preparatory bodies, to sign up to the Transparency Register as soon as possible;~~deleted

Amendment 62 #

Motion for a resolution
Paragraph 8

8. Reiterates its call on the Council, including its preparatory bodies, to urgently sign up to the Transparency Register ~~as soon as possible~~without further delay;

Amendment 63 #

Motion for a resolution
Paragraph 9

9. Deeply regrets the fact that ~~negotiations on the Commission proposal for an IIA on a mandatory Transparency Register (COM(2016)0627) have still not concluded, and urges the thre~~the Commission is attempting to impose rules on the Council, the institutions t~~o pursue them actively~~hat represents the states;

Amendment 64 #

Motion for a resolution
Paragraph 9 a (new)

9a. Stresses the importance of the measures taken to enhance the transparency of decisions taken in infringement procedures; regrets the lack of transparency regarding letters of formal notice and infringement procedures against Member States; calls, in particular, for documents sent by the Commission to Member States in connection with such procedures, and the related replies, to be made accessible to the public; calls, furthermore, for information on the execution of judgments of the CJEU to be published proactively;

Amendment 65 #

Motion for a resolution
Paragraph 9 a (new)

9a. Regrets the slow advancement of the negotiations of the Interinstitutional Agreement on the mandatory Transparency Register with the Commission; underscores the need to maintain the trust of all citizens to be open and honest about who we are meeting, reiterating that these negotiations must be pursued actively;

Amendment 66 #

Motion for a resolution
Paragraph 9 a (new)

9a. Points out that national governments and parliaments, when deciding on EU matters, are part of the EU legislature, and therefore any meetings with interest representatives lobbying national authorities in their capacity as EU legislators, should be published;

Amendment 67 #

Motion for a resolution
Paragraph 9 b (new)

9b. Stresses that international agreements have binding force and an impact on EU legislation, and underlines the need for negotiations to be transparent throughout the entire process; recalls that according to Article 218 TFEU, the Parliament shall be fully and immediately informed at every stage while negotiations are taking place; calls on the Commission to step up further efforts to ensure full compliance with Article 218 TFEU;

Amendment 68 #

Motion for a resolution
Paragraph 9 b (new)

9b. Deeply regrets that the Commission and Council demand in- camera meetings in Parliament without proper justification; calls for clear criteria and rules governing requests for in camera sessions in the EU institutions;

Amendment 69 #

Motion for a resolution
Paragraph 9 c (new)

9c. Regrets that institutions still call for in-camera meetings without proper justification; reiterates its call on the institutions to assess and publicly justify requests for in-camera meetings; considers that requests for in-camera meetings should be evaluated on a case- by-case basis and believes that an independent oversight authority should oversee the classification and declassification processes;

Amendment 7 #

Motion for a resolution
Citation 8 a (new)

- having regard to the Annual Reports of the European Ombudsman and to her Special Report in strategic inquiry OI/2/2017/TE on the transparency of the Council legislative process,

Amendment 70 #

Motion for a resolution
Paragraph 10

10. Recalls that the right of public access to documents of the institutions is ~~inextricably linked with the democratic nature of the institution~~a fundamental right protected by the Charter of Fundamental Rights and the Treaties, and is inextricably linked with the democratic nature of the institutions; stresses that this right should be exercised as early as possible as it ensures democratic scrutiny of the work and activities of the institutions and that they comply with the rules enshrined in the Treaties;

Amendment 71 #

Motion for a resolution
Paragraph 10

10. Recalls that the right of public access to documents of the institutions is inextricably linked with the democratic nature of the institutions; 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 72 #

Motion for a resolution
Paragraph 10

10. Recalls that the right of public access to documents of the institutions is inextricably linked with the democratic nature of the institutions and, because the institutions fall within the sphere of public service, they must serve the citizens’ best interests when carrying out their activities;

Amendment 73 #

Motion for a resolution
Paragraph 10

10. Recalls that the right of public access to documents of the institutions in all of the EU’s official languages is inextricably linked with the democratic nature of the institutions;

Amendment 74 #

Motion for a resolution
Paragraph 10 – subparagraph 1 (new)

Draws attention to the current challenges generated by the state of emergency and / or lockdowns around the Member States as a result of the Covid-19 pandemic and urges the EU and the national governments not to suspend citizens' democratic rights and strive to ensure full access to public information and documents and continue to engage with citizens in all aspects of public life;

Amendment 75 #

Motion for a resolution
Paragraph 10 a (new)

10a. Reiterates its proposals made in previous reports on access to documents, and regrets the lack of serious follow up by Commission and Council;

Amendment 76 #

Motion for a resolution
Paragraph 11

11. Points out that transparency and full access to documents held by the institutions have to be the rule, in accordance with Regulation (EC) No 1049/2001, and that, as has already been stipulated by the precedents consistently set by the CJEU, exceptions to that rule have to be properly interpreted, taking into account the overriding public interest in disclosure and in the requirements of democracy, including closer involvement of citizens in the decision-making process, good governance, efficiency and accountability to citizens;

Amendment 77 #

Motion for a resolution
Paragraph 11

11. Points out that transparency and full access to documents held by the institutions have to be the rule, in accordance with Regulation (EC) No 1049/2001, and that, as has already been stipulated by the precedents consistently set by the CJEU, exceptions to that rule have to be properly interpreted; points out that at the same time neither Regulation (EC) No 1049/2001 nor CJEU rulings oblige the EU institutions to proactively publish legislative documents;

Amendment 78 #

Motion for a resolution
Paragraph 11

Amendment 79 #