A4-0191/96

Resolution on the deliberations of the Committee on Petitions during the parliamentary year 1995-1996

The European Parliament,

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

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

- having regard to its previous resolutions on petitions, in particular its resolution of 12 July 1995 on the deliberations of the Committee on Petitions during the parliamentary year 1994-1995 ((OJ C 249, 25.9.1995, p. 71.)),

- having regard to its resolution of 17 November 1993 and its decision of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties ((OJ L 113, 4.5.1994, p. 15.)),

- having regard to the report of the Committee on Petitions (A4-0191/96),

A. whereas the right to petition the European Parliament is a basic right of European citizens; whereas European Union citizens and residents may wish to be more closely involved in the shaping of the Community by means of their petitions to the European Parliament,

B. whereas the petitions procedure is one of the best means for the Community's institutions and bodies to acquire direct information as to the effect of Community legislation on the lives of European citizens and infringements of Community law; whereas it strengthens the control function of the European Parliament in particular,

C. whereas, as the years go by, petitions increasingly reveal serious cases of non-compliance with Community law and on occasion raise issues of a political nature,

D. whereas the Community's decision-making processes need to be brought closer to its citizens; whereas, consequently, the work of the Committee on Petitions must be made more widely known outside the Community institutions by increasing the amount of objective information made available on the right of petition,

E. whereas the fact that the European Ombudsman has now taken up his duties entails close collaboration between him and Parliament, so as to guarantee fully the possibility which citizens have of addressing themselves to the Community's institutions and bodies about matters which concern them,

1. Undertakes, as the Community institution directly elected by the Union's citizens and the repository of their right of petition, to take their complaints, opinions and petitions seriously and to represent their legitimate or justified positions before all the Union Institutions;

2. Undertakes to do its utmost to ensure that meetings of the Committee on Petitions take place as far as possible at times when other committees are not meeting, so that petitions are dealt with as effectively as possible;

3. Instructs all its committees and delegations to examine carefully the petitions forwarded to them for opinion, information or further action and to take account, within their own areas of responsibility, of the infringements committed and the proven shortcomings of Community law highlighted by the petitions forwarded to them by the Committee on Petitions; in this context, asks them to inform the Committee on Petitions of any political and legislative initiatives taken on the basis of any petition;

4. Notes that, pursuant to Article 138e of the EC Treaty, the Ombudsman is 'empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role¨;

5. Notes that, pursuant to Article 138d of the EC Treaty, the European Parliament is the institution to which the right of petition is assigned, and that the conditions of admissibility of petitions, as laid down by the Rules of Procedure, are applied by the Committee on Petitions on the basis of criteria which the committee itself has established;

6. Reiterates its belief that petitions constitute a basic right of Union citizens, enshrined in the Treaties, and that they are an appropriate means of acquiring direct information as to citizens' opinions concerning current issues of Community policy, detecting shortcomings in Community legislation and monitoring failure to apply and transpose Community law;

7. Calls for citizens of the Union to be informed fully and comprehensively by the relevant European institutions of the right of petition conferred by Article 138d of the EC Treaty;

8. States its wish to establish close, thoroughgoing and fruitful collaboration, on behalf of the Union's citizens and residents, between the Ombudsman and Parliament in defending the rights of Union citizens, particularly those laid down in Article 8d of the Treaty on European Union;

9. Calls on the other Community institutions, and on the Commission and Council in particular, to cooperate as closely as possible in protecting and extending the use of the right of petition within the Union, and to avoid discouraging petitioners by excessive delays in providing an adequate response in each individual case; requests the Commission in particular, pursuant to Rule 157(3) of Parliament's Rules of Procedure, to provide documents, supply information and grant access to its facilities, providing these are not covered by confidentiality;

10. Calls on the Commission to monitor very closely the Member States' application of Community law and all delays and failures to cooperate on the part of government representatives, and to be guided solely by the interests of the Community when deciding to initiate or continue with proceedings pursuant to Article 169 of the EC Treaty;

11. Calls on the Commission and the Committee on Petitions jointly to endeavour to deal with petitions as rapidly as possible, as befits a legitimate right conferred on petitioners by European citizenship, and undertakes to provide the Committee on Petitions with the facilities it needs to deal with petitions as rapidly and effectively as possible;

12. Instructs its President to forward this resolution and its committee's report to the Commission and Council, the governments and parliaments of the Member States, the parliamentary committees responsible for petitions and the ombudsmen or similar office-holders in the Member States.