A4-0119/99

Resolution on the annual report on the activities of the European Ombudsman in 1998 (C4-0138/99)

The European Parliament,

- having regard to the annual report of the European Ombudsman for 1998 (C4-0138/99),

- having regard to the Treaty establishing the European Community and especially Articles 8d, second paragraph and 138e thereof,

- having regard to the Treaty establishing the European Coal and Steel Community and, in particular, Article 20d thereof,

- having regard to the Treaty establishing the European Atomic Energy Community and, in particular, Article 107d thereof,

- having regard to its resolution of 17 November 1993 on the regulations and general conditions governing the performance of the European Ombudsman's duties ((OJ C 329, 6.12.1993, p. 132.)) and its decision of 9 March 1994 on the regulations and general conditions governing the performance of the European Ombudsman's duties and, in particular, Article 3(8) thereof ((OJ L 113, 4.5.1994, p. 15.)),

- having regard to the resolution on the role of the European Ombudsman, adopted by the European Parliament on 14 July 1995 ((OJ C 249, 25.9.1995, p. 226.)),

- having regard to its resolution of 10 June 1997 on the deliberations of the Committee on Petitions during the parliamentary year 1996-1997 ((OJ C 200, 30.6.1997, p. 26.))

- having regard to its resolution of 15 July 1997 on the annual report for 1996 of the European Ombudsman ((OJ C 286, 22.9.1997, p. 41.)),

- having regard to its previous resolutions on petitions, particularly that adopted on 16 July 1998 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 (A4-0119/99),

A. whereas, pursuant to the Treaty on European Union, the duties of the European Ombudsman are to conduct inquiries for which he finds grounds concerning instances of maladministration in the activities of the Community institutions or bodies, on the basis of complaints submitted to him or on his own initiative, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role,

B. whereas the integration of the European Union cannot be deepened unless European citizens feel that they are actively involved in the defence of their rights in a manner which is both transparent and inspires trust in the decisions which are taken,

C. whereas the increase in the number of complaints to the European Ombudsman shows the public's concern for more effective and transparent administration,

D. whereas cooperation and collaboration between the European Parliament, through the Committee on Petitions, as the committee responsible, and the European Ombudsman must help to define, defend and guarantee the rights of European citizens,

1. Congratulates the European Ombudsman on his systematic, lucid and concise annual report for 1998;

2. Expresses its satisfaction at the irreproachable and creative cooperation between the European Ombudsman and the Committee on Petitions and the European Parliament;

3. Welcomes the efforts made by the European Ombudsman to ensure that in the period before judicial proceedings may begin, provided for under Article 169 of the EC Treaty, European citizens enjoy a participative, transparent and two-way relationship with the Commission as regards the processing of their complaints about infringements committed by Member States, and are not, on the contrary, relegated to a purely passive role as mere sources of information;

4. Agrees that greater use needs to be made of all available means, including the Internet and the media, of providing European citizens with proper information as to their rights, such as petitions and complaints, so that no-one is prevented from claiming their rights by virtue of the fact that they are unaware of the means at their disposal, both judicial and non-judicial.

5. Welcomes the efforts of the European Ombudsman to establish a creative and fruitful relationship with the national and regional ombudsmen and similar institutions, and urges them to devote greater attention to problems concerning the free movement of persons, which is a sine qua non of full citizenship;

6. Urges the Committee on Institutional Affairs, pursuant to Article 138e(4) of the EC Treaty (future Article 195 EC), to consider amending Article 3(2) of the regulations and general conditions governing the performance of the European Ombudsman's duties, so as to enable the latter, to have access, when carrying out inquiries, to all relevant documents, and obtain freely given and hierarchically untrammelled replies from persons whose evidence is necessary to his just and proper assessment of the complaints submitted to him; whereas these amendments do not, pursuant to Article 4(1) of the regulations and general conditions aforesaid, compromise the duty to observe obligation to secrecy incumbent on the European Ombudsman and his officials, but are essential if European citizens are to be able to have full confidence in the Ombudsman's work;

7. Stresses the urgent need to draw up as soon as possible a code of good administrative behaviour to be applied by all the Community institutions and bodies; whereas this code should be accessible to all European citizens, and be published in the Official Journal;

8. Congratulates the European Ombudsman on the commitment displayed with regard to the organisation and the operating methods of his secretariat, which is an essential factor consolidating his service;

9. Welcomes the decision to assign the European Ombudsman an independent budget, and urges the Council to adopt this decision so that this can be implemented by the budget year 2001 at the latest;

10. Calls on the European Ombudsman to regularise the status of the agents and officials who assist him;

11. Believes that Parliament's Rules of Procedure should specifically lay down that the Committee on Petitions is the committee responsible for assessing the European Ombudsman's annual report and his special reports, and supports the efforts of the Committee on the Rules of Procedure, the Verification of Credentials and Immunities with regard to the relevant amendments to Rule 161 of the Rules of Procedure;

12. Instructs its President to forward this resolution and the report by the Committee on Petitions to the European Ombudsman and to all the institutions and bodies of the European Union, the governments and parliaments of the Member States, the national ombudsmen or analogous bodies and the national parliamentary committees responsible for petitions or analogous bodies in the Member States.

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