A4-0176/96

Resolution on the annual activity report (1995) of the European Ombudsman

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 the regulations and general conditions governing the performance of the Ombudsman's duties, adopted by the European Parliament on 9 March 1994, and in particular Article 3(8) thereof (( OJ L 113, 4.5.1994, p. 15.)),

- having regard to its decision appointing the European Ombudsman (( OJ C 249, 25.9.1995, p. 85.)),

- having regard to the annual report of the European Ombudsman (1995) (C4- 0257/96),

- having regard to the report of the Committee on Petitions (A4-0176/96),

A. whereas the European Ombudsman was appointed by the European Parliament on 12 July 1995 to improve relations between the European citizens and the institutions of the European Community and to protect the rights of European citizens against maladministration by the European Community bodies and institutions,

B. whereas the duties of the European Ombudsman, pursuant to the Treaty establishing the European Community, consist of investigating maladministration in the activities of the Community institutions and bodies, with the exception of the Court of Justice and the Court of First Instance in the exercise of their jurisdictional functions,

1. Congratulates the European Ombudsman for the interesting and informative activity report for 1995;

2. Stresses that the report should be distributed as widely as possible, since it contains a clear and accurate description of the responsibilities of the European Ombudsman and therefore constitutes a valuable indication for the citizens and residents who may want to approach him;

3. Requests that the citizens and residents of the Union should also be able to apply to the European Ombudsman via electronic communication systems, in order to improve the actual practicability of their right and create an important precedent for the use of new communication technologies for the benefit of both citizens and institutions;

4. Believes that the combined action of the European Ombudsman and of the European Parliament on the complaints and petitions each receives will substantiate Articles 8d, 138d and 138e of the EC Treaty, which aim at setting up as complete and effective a system as possible for the citizens and residents to address themselves to the European Union for help in solving problems related to the life of the Union;

5. Undertakes to do all in its power in the future, through its Committee on Petitions, to cooperate with the European Ombudsman, assisting and guiding him in any difficulty arising from his dealings with Community institutions and bodies related to the complaints he receives; takes note of the decision by the Ombudsman and the Committee on Petitions to refer to each other any petitions and complaints which fall within each other's spheres of activity, and to monitor this process carefully in the coming year with a view to its possible modification;

6. Notes that the Ombudsman will declare inadmissible complaints about decisions of the European Parliament and the Committee on Petitions as these are decisions of a political nature; assumes however that this does not include all complaints concerning these bodies where they relate to maladministration or decisions taken on improper grounds;

7. Calls on all Community institutions and bodies, and in particular the Council and the Commission, to cooperate closely with the Ombudsman and, in particular, to place at his disposal the information and documents he requires for the effective performance of his duties;

8. Recalls that transparency and good administrative practice of the European institutions are a crucial issue at the Intergovernmental Conference on the revision of the Treaty on European Union and that it is extremely important to try and make progress towards a complete set of binding rules on a more open and democratic functioning of the European institutions along the lines established in the 1993 Code of Conduct concerning public access to Council and Commission documents (( OJ L 340 31.12.1993, p. 41.));

9. Instructs its President to forward this resolution to all institutions and bodies of the Union and to the national ombudsmen, petitions committees of the parliaments of the Member States or bodies of a similar nature.