A4-0211/97

Resolution on the annual report on the activities of the European Ombudsman in 1996 (C4-0293/97)

The European Parliament,

- having regard to the Treaty establishing the European Community and, in particular, Article 8d second paragraph, and Article 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 Decision of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties and, in particular, Article 3(8) thereof ((OJ L 113, 4.5.1994, p. 15.)),

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

- having regard to its resolution of 20 June 1996 on the annual activity report on the activities (1995) of the European Ombudsman ((OJ C 198, 8.7.1996, p. 215.)),

- having regard to its previous resolutions on petitions, particularly its resolution of 10 June 1997 on the deliberations of the Committee on Petitions during the parliamentary year 1996-1997 ((Minutes of that sitting, Part II, Item 3.)),

- having regard to the annual report of the European Ombudsman (1996) (C4-0293/97),

- having regard to the report of the Committee on Petitions (A4-0211/97),

A. whereas, pursuant to the Treaty on European Union, the duties of the European Ombudsman are to examine complaints 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,

B. whereas the out-of-court settlement by the European Ombudsman of problems arising in citizens' relations with the Community institutions or bodies provides a guide to the actions required to improve the activities of the Community institutions or bodies,

C. whereas the European Parliament must constantly intensify its coordination with the European Ombudsman to improve the democratic functioning of the European Union and bring it closer to the people, while maintaining the decision-making independence of Parliament and the Ombudsman,

1. Congratulates the European Ombudsman on a well-structured and comprehensive annual report for 1996;

2. Expresses its satisfaction with those cases in which the Ombudsman devised solutions which enabled instances of maladministration to be eliminated and complainants to be satisfied;

3. Urges the Ombudsman to include in his annual report explanatory information relating to all the complaints that he receives;

4. Stresses that the new body should operate fully in accordance with the mandate conferred upon it by the Treaties, i.e. the examination of complaints concerning maladministration in the activities of the Community institutions or bodies; points out that the role of the Ombudsman should be to support the institutional balance laid down by the Treaties and, in particular, the correct exercise of the discretionary powers of the Commission, the European Parliament and the Court of Justice; points out the need therefore for a clear definition of the term maladministration;

5. Urges the Ombudsman to make full and immediate use of his powers pursuant to Article 3(4), (6) and (7) of his Regulations to inform the European Parliament, and in particular the Committee on Petitions, of any instance of maladministration he discovers and of any difficulty he encounters in the performance of his duties in order to obtain the assistance of the Community institutions or bodies being investigated; undertakes, in this respect, to make every effort to provide the Ombudsman with full and accurate information from the Community institutions and bodies to promote good administration;

6. Notes that a lack of clear information for the public regarding the operation and responsibilities of the Community institutions and bodies is frequently a cause of complaints and calls on the Community Institutions and bodies to maximize their efforts to provide the public with the broadest and most accurate information;

7. Notes that delays in responding to the public's requests are very often a cause for complaints and calls for measures to restrict such delays;

8. Urges the Ombudsman to inform the public of their right to petition the European Parliament, in particular when the complaints he receives do not fall within his remit but concern Community law, and to forward these complaints to Parliament for consideration as petitions since petitions are an important source of information regarding the implementation of Community law in Member States and enable the European Parliament to exercise its supervisory role;

9. Notes that cases which may in future be examined both by the Ombudsman and by the Committee on Petitions should be referred as soon as possible to the competent body concerned to ensure the effective safeguarding of the interests and rights of the public and for the general good of the European Union;

10. Calls on the Ombudsman and instructs its Committee on Petitions to act in developing more effective working methods so as to ensure that complaints and petitions can be dealt with rapidly and in a manner satisfactory to citizens; stresses the urgent need of sharing with the Committee on Petitions an open and effective computerized database; existing electronic data-processing systems should be extended or coordinated; consideration should be given to the extent to which computerized data can be made available on the Intranet and/or Internet to the institutions and the citizens of the European Union;

11. Calls on the European Ombudsman and all the European Union Institutions, and in particular the Commission, to intensify and extend the public information strategy (e.g. through the 'Citizens First Initiative¨ as well as with the Offices of the European Parliament and of the Commission in the Member States) so as to enhance the awareness of citizens in Europe of the right to petition the European Parliament and the possibility of presenting a complaint to the European Ombudsman; considers that citizens should be informed more precisely about the respective responsibilities of the European Parliament's Committee on Petitions and of the European Ombudsman, in the interest of citizens themselves and to make the work of these two bodies more effective;

12. Instructs its President to forward this resolution and the report of the Committee on Petitions as well as the report of the European Ombudsman to the Commission, the Council and all the institutions and bodies of the European Union, to the national parliaments and governments of the Member States, to the national Ombudsmen or similar office-holders and the national parliamentary committees which are competent for petitions, or bodies of a similar nature in the Member States.