natgillin/translations-raw huggingface dataset:
25. изразява задоволство от поддържаните конструктивни отношения с членове на комисията по петиции, както по отношение на участието на омбудсмана в заседанията на комисията, така и по отношение на взаимното зачитане на компетенции и прерогативи; следователно призовава омбудсмана да изложи своята позиция пред комисията по петиции във връзка с най-важните проверки, които своевременно е започнал, за да се постигне необходимото взаимодействие;
Is pleased that constructive relations have been maintained with Parliament's Committee on Petitions, both with regard to the Ombudsman's participation in meetings of the Committee and with regard to reciprocal respect of competences and prerogatives; invites the Ombudsman, therefore, to forward to the Committee on Petitions his position in relation to the most important inquiries initiated by him in good time so as to achieve useful synergies;
27. подчертава, че тези изменения не би трябвало да засягат основата и характера на ролята на омбудсмана като защитник на гражданина пред публичната администрация на Европейския съюз;
Stresses that these changes should not affect the basis and nature of the Ombudsman's role as guardian of citizens' interests in relation to the European Union's public administration;
The culture of service to the citizen
The culture of service to the citizen
Two years ago, the office of European Ombudsman celebrated its first decade.
Two years ago, the office of European Ombudsman celebrated its first decade.
The Committee on Petitions of the European Parliament, which this year marked the 20th anniversary as a directly elected Parliament under the Single Act, recognises that the Treaty of Maastricht produced a qualitative leap in the rights of European citizenship by offering citizens the possibility of submitting petitions to a parliamentary body, which remains the sole arbitrator, or applying to a more specialised body which, while operating on an extrajudicial basis, follows a procedure, not excluding parliamentary intervention in the event of the Community institution responsible for the instance of maladministration proving reluctant to cooperate.
The Committee on Petitions of the European Parliament, which this year marked the 20th anniversary as a directly elected Parliament under the Single Act, recognises that the Treaty of Maastricht produced a qualitative leap in the rights of European citizenship by offering citizens the possibility of submitting petitions to a parliamentary body, which remains the sole arbitrator, or applying to a more specialised body which, while operating on an extrajudicial basis, follows a procedure, not excluding parliamentary intervention in the event of the Community institution responsible for the instance of maladministration proving reluctant to cooperate.
The culture of service to the citizen which is designed to ensure high quality - i.e. transparent, approachable, swift and cooperative administrative services - has been encouraged and strengthened at Community level by the combined efforts of the Committee on Petitions and the Ombudsman, and its first emergence can be traced back to the resolution of 6 September 2001, the date on which the European Parliament adopted the code of good administrative contact proposed by the European Ombudsman.
The culture of service to the citizen which is designed to ensure high quality - i.e. transparent, approachable, swift and cooperative administrative services - has been encouraged and strengthened at Community level by the combined efforts of the Committee on Petitions and the Ombudsman, and its first emergence can be traced back to the resolution of 6 September 2001, the date on which the European Parliament adopted the code of good administrative contact proposed by the European Ombudsman.
Examination of the statistics
Examination of the statistics
The figures for 2006 record that the Ombudsman received 3830 complaints, 2% fewer than in 2005, but at the same record level attained in 2004, which represented a 53% increase compared to previous years.
The figures for 2006 record that the Ombudsman received 3830 complaints, 2% fewer than in 2005, but at the same record level attained in 2004, which represented a 53% increase compared to previous years.
The nationality of the authors, in descending order was: Spanish (20.4%), German (14%), French (8.7%), Belgian (6.3%), Polish (6%), Italian (5.4%) and British (3.8%).
The nationality of the authors, in descending order was: Spanish (20.4%), German (14%), French (8.7%), Belgian (6.3%), Polish (6%), Italian (5.4%) and British (3.8%).
This ranking changes, however, if the percentage of complaints submitted by a country is divided by the percentage of the EU population it represents.
This ranking changes, however, if the percentage of complaints submitted by a country is divided by the percentage of the EU population it represents.
On this calculation, in only 22 countries is the quotient greater than one; a ratio greater than one indicates that the country in questions submits more complaints to the Ombudsman than might be expected given the size of its population, as in the case of Luxembourg (with a quotient of 14.2), Malta (10), Cyprus (7.6), Belgium (2.8), Slovenia (2.7) and Spain (2.2).
On this calculation, in only 22 countries is the quotient greater than one; a ratio greater than one indicates that the country in questions submits more complaints to the Ombudsman than might be expected given the size of its population, as in the case of Luxembourg (with a quotient of 14.2), Malta (10), Cyprus (7.6), Belgium (2.8), Slovenia (2.7) and Spain (2.2).
Turning to the question of language distribution of complaints, English and Spanish each account for over 20% of complaints , German and French each account for over 10% and Polish for over 5% .
Turning to the question of language distribution of complaints, English and Spanish each account for over 20% of complaints , German and French each account for over 10% and Polish for over 5% .
In the 95% of cases where the examination of admissibility was completed, once again the majority did not fall within the mandate of the European Ombudsman ( 78.5%) , either because the complaints were not made against a Community institution or body ( 93.7% ) or because they did not involve maladministration ( 5.4% ).
In the 95% of cases where the examination of admissibility was completed, once again the majority did not fall within the mandate of the European Ombudsman ( 78.5%) , either because the complaints were not made against a Community institution or body ( 93.7% ) or because they did not involve maladministration ( 5.4% ).
Of the 21.5% of cases which did fall within the Ombudsman's remit, 449 of the 838 complaints were formally declared admissible, of which 258 led to an inquiry.
Of the 21.5% of cases which did fall within the Ombudsman's remit, 449 of the 838 complaints were formally declared admissible, of which 258 led to an inquiry.
In 2006, the Ombudsman carried out 582 enquiries in total, of which 315 were already underway in 2005 and 9 were launched on the Ombudsman's own initiative.
In 2006, the Ombudsman carried out 582 enquiries in total, of which 315 were already underway in 2005 and 9 were launched on the Ombudsman's own initiative.
As in previous years, the institutional body which was the subject of most enquiries was the Commission, which accounted for 66% of enquiries (387); the European Personnel Selection Office (EPSO) accounted for 13% (74) the European Parliament for 8% (49) and the Council of the European Union for 2% (11).
As in previous years, the institutional body which was the subject of most enquiries was the Commission, which accounted for 66% of enquiries (387); the European Personnel Selection Office (EPSO) accounted for 13% (74) the European Parliament for 8% (49) and the Council of the European Union for 2% (11).
The predominant type of maladministration alleged was lack of transparency, including refusal of information ( 25% ) followed by unfairness or abuse of power ( 19% ) and a variety of other types of maladministration, culminating in the least-frequently alleged categories of legal error ( 5% ) and failure to ensure fulfilment of Treaty obligations by the Commission ( 4% ).
The predominant type of maladministration alleged was lack of transparency, including refusal of information ( 25% ) followed by unfairness or abuse of power ( 19% ) and a variety of other types of maladministration, culminating in the least-frequently alleged categories of legal error ( 5% ) and failure to ensure fulfilment of Treaty obligations by the Commission ( 4% ).
The European Ombudsman's activities continue to be presented by reference to the various stages of the procedure for dealing with complaints, which are represented in more detail where enquiries identified instances of maladministration (request for comments/friendly solutions - 28 proposals in 2006, of which only one was successfully concluded, critical remarks - made in 41 cases in 2006 - draft recommendations - of which 13 were proposed in 2006 - and special reports, 2 of which were presented to Parliament in 2006).
The European Ombudsman's activities continue to be presented by reference to the various stages of the procedure for dealing with complaints, which are represented in more detail where enquiries identified instances of maladministration (request for comments/friendly solutions - 28 proposals in 2006, only one of which was successfully concluded, critical remarks - made in 41 cases in 2006, draft recommendations - of which 13 were proposed in 2006, and special reports, 2 of which were presented to Parliament in 2006).
The safeguards this procedure provides for citizens helped to strengthen the Ombudsman's powers of persuasion, despite the fact that these decisions have no legally binding effects.
The safeguards this procedure provides for citizens help to strengthen the Ombudsman's powers of persuasion, despite the fact that his decisions are not legally binding.
Moreover, the Ombudsman, whose office was instituted by Parliament, while operating independently, enjoys the confidence of Parliament, as shown in its political assessment of his annual and special reports.
Moreover, the Ombudsman, whose office was instituted by Parliament, while operating independently, enjoys the confidence of Parliament, as shown in its political assessment of his annual and special reports.
The Ombudsman also enjoys the active support of the Committee on Petitions, whose meetings he attended on four occasions in 2006, and cooperates with his counterparts in the network of European Ombudsmen, which should be extended and improved.
The Ombudsman also enjoys the active support of the Committee on Petitions, whose meetings he attended on four occasions in 2006, and cooperates with his counterparts in the network of European Ombudsmen, which should be extended and improved.
In the European context it should be stressed that, while no such requirement is contained in the implementing rules (Article 2.4) or the European Parliament's Rules of Procedure (Rule 191(9)), routine contacts between the activities of the Ombudsman and those of the Committee on Petitions should include, to avoid conflicts of competence, reciprocal notification of decisions with final effect.
In the European context it should be stressed that, while no such requirement is contained in the implementing rules (Article 2.4) or the European Parliament's Rules of Procedure (Rule 191(9)), routine contacts between the activities of the Ombudsman and those of the Committee on Petitions should include, to avoid conflicts of competence, reciprocal notification of decisions with final effect.
Analysis of powers and decisions most frequently affecting certain categories of actions or certain bodies
Analysis of powers and decisions most frequently affecting certain categories of actions or certain bodies
The report divides the decisions taken on completed inquiries in 2006 (which were 250) into five categories.
The report divides the decisions taken on completed inquiries in 2006 (which were 250) into five categories.
These can be broken down into problems relating to lack of openness on the part of Community institutions and bodies (25% of inquiries, 9 decisions under Chapter 3), the role of the Commission as the guarantor of the Treaty in relation to procedures under Article 226 (9 decisions under Chapter 3), the management of contracts, remuneration and grants (8 decisions under Chapter 3) and problems relating to the recruitment and management of the staff of the institutions (18 decisions under Chapter 3).
These can be broken down into problems relating to lack of openness on the part of Community institutions and bodies (25% of inquiries, 9 decisions under Chapter 3), the role of the Commission as the guarantor of the Treaty in relation to procedures under Article 226 (9 decisions under Chapter 3), the management of contracts, remuneration and grants (8 decisions under Chapter 3) and problems relating to the recruitment and management of the staff of the institutions (18 decisions under Chapter 3).
Public access to documents
Public access to documents
In many cases brought in connection with exceptions made to public access under Regulation (EC) No 1049/2001, the procedure terminated at the stage of critical remarks, which are a means of attempting to prevent the recurrence of similar incidents in future, in cases where issuing a recommendation would be pointless or inappropriate.
In many cases brought in connection with exceptions made to public access under Regulation (EC) No 1049/2001, the procedure terminated at the stage of critical remarks, which are a means of attempting to prevent the recurrence of similar incidents in future, in cases where issuing a recommendation would be pointless or inappropriate.
This applies to the Commission's excessively broad interpretation of procedures which can be 'assimilated to court proceedings', in the case in question the WTO dispute settlement procedures (page 91) or the Commission's refusal of access on the arbitrary grounds that disclosing national plans for the allocation of greenhouse gas emission allowances would compromise negotiations in course, or that documents sent or received by Member States had to be treated as internal documents (page 94).
This applies to the Commission's excessively broad interpretation of procedures which can be 'assimilated to court proceedings', in the case in question the WTO dispute settlement procedures (page 91) or the Commission's refusal of access on the arbitrary grounds that disclosing national plans for the allocation of greenhouse gas emission allowances would compromise negotiations in course, or that documents sent or received by Member States had to be treated as internal documents (page 94).
The Committee on Petitions considers that it would be highly appropriate for the Ombudsman to carry out in 2007, as announced on 2 May 2007, a detailed study of the practical impact of critical remarks made in 2006 .
The Committee on Petitions considers that it would be highly appropriate for the Ombudsman to carry out in 2007, as announced on 2 May 2007, a detailed study of the practical impact of critical remarks made in 2006 .
Failure to take critical remarks on board
Failure to take critical remarks on board
The committee was somewhat surprised, however, at the new approach proposed by the Ombudsman for cases in which his critical remarks evidently had no effect (pages 82, 84 and 92), which would involve promoting a culture of service at the highest levels of the offending Community public administration by approaching the relevant Commissioner.
The committee was somewhat surprised, however, at the new approach proposed by the Ombudsman for cases in which his critical remarks evidently had no effect (pages 82, 84 and 92), which would involve promoting a culture of service at the highest levels of the offending Community public administration by approaching the relevant Commissioner.
As most of these problems concern the Commission's staff management, if the aim is to create a culture of service in this key sector, the mistakes need to be corrected at source by engaging with the department responsible for the wrongful action or conduct and insisting it comply with the relevant provisions of the European Code of Good Administrative Conduct.
As most of these problems concern the Commission's staff management, if the aim is to create a culture of service in this key sector, the mistakes need to be corrected at source by engaging with the department responsible for the wrongful action or conduct and insisting it comply with the relevant provisions of the European Code of Good Administrative Conduct.
By the same token, despite the critical remark which concluded the inquiry into the lack of remedies against a decision by the European School in Brussels concerning a student's marks (pages 90-91), the Ombudsman should not slacken the control he exercises over the Commission and, if need be, the Member States.
By the same token, despite the critical remark which concluded the inquiry into the lack of remedies against a decision by the European School in Brussels concerning a student's marks (pages 90-91), the Ombudsman should not slacken the control he exercises over the Commission and, if need be, the Member States.
The fact that the European Schools have adopted a Code of Good Administrative Conduct does not appear to be sufficient, as in the case of the Commission itself, to guarantee the creation of a genuine culture of service.
The fact that the European Schools have adopted a Code of Good Administrative Conduct does not appear to be sufficient, as in the case of the Commission itself, to guarantee the creation of a genuine culture of service.
The role of the Commission as guardian of the Treaty
The role of the Commission as guardian of the Treaty
With regard to the Commission's discretionary power to take action under Articles 226 and 228 of the EC Treaty in the case of Member States' failure to comply with their Treaty obligations, a properly functioning system is also crucial for the outcome of the consideration of many petitions.
With regard to the Commission's discretionary power to take action under Articles 226 and 228 of the EC Treaty in the case of Member States' failure to comply with their Treaty obligations, a properly functioning system is also crucial for the outcome of the consideration of many petitions .
Here, many of the questions raised in previous reports continue to apply, for example with regard to the publication of documents relating to infringement procedures, and in particular the correspondence between the Commission and the Member States (de Rossa report, 2003).
Here, many of the questions raised in previous reports continue to apply, for example with regard to the publication of documents relating to infringement procedures, and in particular the correspondence between the Commission and the Member States (de Rossa report, 2003).
The cases dealt with in 2006 clearly indicate that the Commission made wrong use of its discretionary powers by failing to take prompt action before legal proceedings were begun, using as a pretext political considerations such as the difficulty of reaching consensus among Commissioners on the delicate subject of the infringement of freedom to provide services by Germany in the sports betting sector.
The cases dealt with in 2006 clearly indicate that the Commission made wrong use of its discretionary powers by failing to take prompt action before legal proceedings were begun , using as a pretext political considerations such as the difficulty of reaching consensus among Commissioners on the delicate subject of the infringement of freedom to provide services by Germany in the sports betting sector.
However, the Committee on Petitions is pleased with the good use made of his powers by the Ombudsman, including the special report which rectified the situation (page 110).
However, the Committee on Petitions is pleased with the good use made of his powers by the Ombudsman, including the special report which rectified the situation (page 110).
The Ombudsman's conclusions seem less clear and incisive when stigmatising the Commission's unjustified delay in handling infringement proceedings at the stage of the letter of formal notice and the sending of a reasoned opinion to the State responsible for the alleged infringement, Spain (page 105).
The Ombudsman's conclusions seem less clear and incisive when stigmatising the Commission's unjustified delay in handling infringement proceedings at the stage of the letter of formal notice and the sending of a reasoned opinion to the State responsible for the alleged infringement, Spain (page 105).
On the other hand, the Ombudsman issued an unambiguous critical remark branding as an act of maladministration a flawed interpretation of a rule or principle of law by the Commission when it equivocated, purely for the sake of convenience, instead of seeking a ruling on the State's failure to meet its obligations under Article 228 in the case of Germany, which had already been found to have failed to meet its Community obligations with regard to the packaging of certain drinks (page 93).
On the other hand, the Ombudsman issued an unambiguous critical remark branding as an act of maladministration a flawed interpretation of a rule or principle of law by the Commission when it equivocated, purely for the sake of convenience , instead of seeking a ruling on the State's failure to meet its obligations under Article 228 in the case of Germany, which had already been found to have failed to meet its Community obligations with regard to the packaging of certain drinks (page 93).
Even more cogent was the Ombudsman's draft recommendation, which was subsequently accepted by the Institution, criticising the indefinite postponement, on the grounds that the Commission wanted to address the underlying question globally, of infringement proceedings under Article 226 against Denmark, which had failed to comply with its obligations in relation to motor vehicle tax (page 103).
Even more cogent was the Ombudsman's draft recommendation, which was subsequently accepted by the Institution, criticising the indefinite postponement, on the grounds that the Commission wanted to address the underlying question globally, of infringement proceedings under Article 226 against Denmark, which had failed to comply with its obligations in relation to motor vehicle tax (page 103).
Delays or inertia of so flagrant a nature should also be subject to political censure by Parliament when the annual report on the implementation of Community law is considered.
Delays or inertia of so flagrant a nature should also be subject to political censure by Parliament when the annual report on the implementation of Community law is considered.
Power to initiate investigations
Power to initiate investigations
With regard to contracts and staff management, two of the investigations launched by the Ombudsman on his own initiative show how his powers provide an effective means of goading the administrative authorities into self-regulation: on the one hand, the Commission's favourable reply to including an optional mediation clause in its standard procurement contracts and an undertaking to report back on the matter in the first half of 2007 (page 111), and, on the other hand, Parliament's decision to abolish age limits in its own traineeship programmes (page 113).
With regard to contracts and staff management, two of the investigations launched by the Ombudsman on his own initiative show how his powers provide an effective means of goading the administrative authorities into self-regulation: on the one hand, the Commission's favourable reply to including an optional mediation clause in its standard procurement contracts and an undertaking to report back on the matter in the first half of 2007 (page 111), and, on the other hand, Parliament's decision to abolish age limits in its own traineeship programmes (page 113).