A4-0117/99

Resolution on the deliberations of the Committee on Petitions during the parliamentary year 1998-1999

The European Parliament,

- having regard to Rules 156 to 158, and especially Rule 157(5) of its Rules of Procedure,

- having regard to the Treaty on European Union, especially Articles 8d and 138d of the Treaty establishing the European Community,

- whereas the Maastricht Treaty, in connection with citizenship of the Union, laid down rules concerning the right of petition,

- whereas the Treaty of Amsterdam confirms entirely the right of Petition and the role of the European Ombudsman,

- having regard to the annual report on the activities of the European Ombudsman,

- having regard to its previous resolutions on petitions, particularly on the basis of the annual report on the deliberations of the Committee on Petitions during the parliamentary year 1997-1998 ((OJ C 292, 21.9.1998, p. 167.)),

- having regard to the report of the Committee on Petitions (A4-0117/99),

A. whereas the institution of the right of petition strengthens the political control exercised by the European Parliament by enabling serious failures to comply with Community law to be reported,

B. having regard to the number of petitions received in the period covered by the report underlying this resolution and the considerable increase of petitions since 1987, when a specific parliamentary Committee was created to take care of the petitions introduced,

C. whereas the right of petition imposes a corresponding obligation on the European Parliament to deal with petitions as effectively as possible, with the help of the Commission and of the relevant bodies of Parliament,

D. welcoming the close collaboration established between Parliament and the European Ombudsman while paying due regard to each other's respective powers, which is a prerequisite for ensuring that the citizens have full access to the fundamental rights conferred by Union citizenship,

E. whereas close cooperation with the Member States' authorities is necessary to ensure that petitions are dealt with effectively,

1. Reaffirms that the right of petition enshrined in the Treaties is important not only for the Union's citizens and residents but also for its institutions, as it assists the institutions to remain in touch with the citizens, their problems and their daily lives;

2. Emphasises that the right of petition increases the possibilities of the Union's citizens for democratic participation and information, which also entails the need for the European institutions to educate citizens about their right to petition and to ensure that citizens who have exercised that right, should be fully informed about the follow-up to their petitions;

3. Underlines, that the existence of a specific parliamentary Committee dealing with petitions is of 'constitutional¨ importance, as it facilitates the Parliament's right of control concerning the respect of Community law by the Member States and their administrative bodies, such as social security institutions;

4. Draws attention to the fact, that it is the Parliament as a whole which due to its own political role and responsibility guarantees in direct reply to the citizen the right of petition recognised by the Treaty on European Union;

5. Emphasises the need for petitions to be dealt with as effectively and thoroughly as possible so that Parliament can improve its monitoring of the general operation of Community policies, especially on social security, environmental questions and matters related with the exercise of the right of freedom of movement;

6. Emphasises that greater use of new information technologies would enable the petitions received by Parliament to be dealt with more effectively and in a more expedient way; recalls, that the proposal to enable petitions to be accepted via the Internet, which has already been adopted by Parliament, represents an important initiative to facilitate European citizens' access to their rights in the Union; calls on its relevant departments, to ensure that the corresponding administrative and data processing arrangements, in particular the databank on petitions for the public, are rapidly introduced;

7. Appreciates particularly the role played in the consideration of petitions by the European Commission, which, reflecting a sound approach to interinstitutional relations and in accordance with its Treaty obligations, cooperates in a broadly satisfactory, reliable manner in relation to the petitions forwarded to it, both by sending written replies to the committee and by participating in the proceedings of the latter; encourages the Commission to make every effort to keep up and to speed up this work; asks the Commission to identify clearly in its annual report on the application of Community law the cases, where infringement procedures (Article 169 of the Treaty) were initiated through petitions;

8. Regrets that the Council continues to ignore most of the communications of the Committee on Petitions concerning serious failures to implement Community law and the Parliament's call for regular attendance by Council officials at committee meetings;

9. Stresses that this displays a negative attitude towards the right of petition of the European citizen and contravenes the spirit of Article 5 of the Treaty, which stipulates: "Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community...¨;

10. Emphasises the need for the Member States to reply fully and promptly to requests for information and action addressed to them by the Commission concerning petitions;

11. Strongly recommends the adoption of an inter-institutional code of conduct concerning the follow up of petitions by the Council representing the Member States; urges the Member States to consider at Council level a common code of conduct in respect of their administrative dealings with citizens of the European Union;

12. Instructs its Directorate-General for Information and Public Relations and on calls on the Commission's Directorate-General for Information, Communication, Culture and Audiovisual Media to cooperatively install in each Member State a European Helpline to better enable citizens to exercise their European rights;

13. Reiterates that the right to petition enables individuals to report cases where Community law has been infringed; calls on the Commission to improve even further its monitoring activities, pursuant to Article 169 of the Treaty; insists that the Member States improve the action taken in cases in which infringements are reported;

14. Appreciates that the parliamentary committees follow the Guidelines, established the 14 July 1998 on the treatment of Petitions by the standing Committees, give consideration to the petitions referred to them for information, for their opinion or for further action and calls on them to consider the possibility of including in their programme of work such petitions with a view to identify general solutions to the problems raised in such petitions;

15. Notes that the Committee on Petitions, as the European Parliament committee which ensures that citizens are able to exercise their right to submit petitions, a right enshrined in the Treaty on European Union (the Maastricht Treaty) and reinforced by the Treaty of Amsterdam, must be given a greater role to play and be able to operate without hindrance;

16. Recognises that the Committee on Petitions has been best able to consider petitions as a standing parliamentary Committee which has been committed to spend most of its work examining petitions rather than distributing its competences amongst other committees; nevertheless recognises that a thorough review of its working methods is necessary so that a continuing specialist Committee on Petitions can give better and speedier treatment to the petitions forwarded by the citizens and residents of the European Union;

17. Intends to amend its Rules of Procedure in order to establish the Committee on Petitions as the body responsible for assessing reports by the European Ombudsman;

18. Instructs its President to forward this resolution and the report of its committee to the Commission, the Council, the governments and the parliaments of the Member States and their petitions committees or other appropriate committees, the European Ombudsman and the ombudsmen or equivalent bodies in the Member States.