Debate: Activities of the European Ombudsman – annual report
Date: TUESDAY, 16 JANUARY 2024
Speaker: EMILY O'REILLY
Language: EN

An ombudsman’s office cannot be successful without the support and confidence of the parliament that it reports to. This new year is widely viewed as one that will test the strength of our democracies, as countries representing more than half of the world’s population will hold elections. The choices made in the United States and in India, for example, will affect international cooperation, global security, the fight against climate change and much more. Europeans will also elect the MEPs they want to represent them for the next five years. As Parliament’s influence continues to grow, the choices that EU citizens make will have a profound impact on the EU’s handling of everything from the economy and the environment, to defence and the protection of our democratic institutions. A strong democracy is one in which citizens can trust those who make such profound decisions on their behalf. I acknowledge the progress that this institution has made so far in strengthening its ethics framework following the cash for influence scandal. The goal must now be to reassure citizens that the newly adopted rules will be thoroughly implemented and rigorously enforced. Without that, the new rules are just words on a page. In 2022, my office saw a slight increase in the number of complaints when compared to 2021. The number of inquiries we opened also rose accordingly. Common topics included transparency and accountability, a culture of service on the part of the institutions, and respect for fundamental rights. Access to documents was once again an important area of my work in 2022. Following an increase in complaints regarding delays, I opened an own- initiative inquiry into the time it takes the Commission to deal with access requests. I found that when people asked the Commission to review an initial access decision, because it refused or only granted partial access to the requested documents, the Commission misses the deadline set out in the EU’s Access to Documents Regulation in 85% of cases. Over 60% of these review decisions also took more than 60 working days, despite a maximum limit of 30. Long delays are not merely an inconvenience: they can prevent citizens from effectively participating in the decision-making process at key moments. They may also render the information eventually obtained no longer useful for researchers or journalists or citizens. Access delayed is effectively access denied, and further serves to weaken that necessary trust that there must be between frequently powerless citizens and very often very powerful institutions. We need to remember that democracy is not only eroded when an authoritarian leader moves to dismantle or undermine democratic institutions. It is also eroded in small ways, such as in failing to allow citizens access to documents that they have a right to access, and with the administration reasonably confident that few of those citizens will challenge them in court. I have called on the Commission to adopt a fundamental change in approach to meeting deadlines. Recent inquiries have shown that the problem, however, continues to persist, and that is why I asked this institution for its formal support via a special report. I was happy to participate in the positive discussions that have already taken place in the LIBE Committee, and I look forward to the debate and resolution in plenary on my special report. In 2022, I looked again at how the EU administration handles moves by its staff to related roles in the private sector – a phenomenon known as ‘revolving doors’. I called on the European Central Bank to apply stricter rules to these moves, especially when they concern the financial sector. In particular, I suggested that more staff be subject to stricter cooling-off requirements and that the ECB increase the ban on former senior staff lobbying their past colleagues to one year. Another area I looked at was citizen participation and how the EU administration interacts with stakeholders and lobbyists. For example, when it comes to implementation of the common agricultural policy, I called on the Commission to ensure it consults a balanced representation of stakeholders, which not only includes representatives of the agricultural industry but also of civil society. With the droughts, forest fires, floods and other natural disasters increasing across our continent, and last year being the warmest on record, the fight against climate change is of vital importance to Europeans. In 2022, I carried out a public consultation to evaluate whether citizens have the opportunities and up-to-date information they need to participate in decision-making related to the environment. Respondents identified a number of concerns, including a lack of transparency around lobbying, difficulty in accessing information concerning trilogue discussions and trouble with access to document requests. I have already opened one inquiry following the consultation, which concerns the risk management of dangerous chemicals and am looking into other possibilities. In relation to fundamental rights, I identified several areas where Frontex could improve its accountability. These include publishing summaries of its operational plans, providing further training to its fundamental rights monitors and ensuring cultural experts are present during screening interviews. I also inquired into how the Commission monitors EU Structural and Investment, or ESI, Funds, to ensure they promote the rights of persons with disabilities to independent living and inclusion in the community. I suggested that the Commission provide clearer guidance to Member States and to its own staff about the need to promote these goals through EU funding, not only through ESI but also through the newer Recovery and Resilience Facility. Another high point of 2022 was to welcome the Ombudsmen of Ukraine and Moldova to the European Network of Ombudsmen, which I have the honour to coordinate. In my 10 years as European Ombudsman, I have seen much positive change in the EU administration as a whole, but also in the work of my own office. In 2022, we closed 48% of all inquiries within three months and 86% of inquiries within one year. In 2013, when I took office, those figures stood at 22% and 59%, respectively. These marked improvements in efficiency have allowed us to provide better service to citizens, while also more effectively holding the EU institutions to account. To conclude, the year ahead may be a challenging one, but it also provides an opportunity to unite Europe with the citizens in a way that exemplifies the best of the Union – one that remains faithful to its foundational values and does not bend with contrary and dangerous winds. As Ombudsman, I will continue to do all that I can do to respond to people’s concerns and promote good administration. In doing so, I hope to do my part in furthering citizens’ trust in the EU and in its democratic institutions. Thank you for your support.