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European Ombudsman, European Union

Own initiative inquiries by the European Ombudsman:

Public access to document of Europol, European Central Bank and other newly operational bodies 

Following the entry into force of the Amsterdam Treaty, the European Ombudsman has included Europol in his own initiative inquiry concerning public access to documents. He has asked Europol to provide him with information by the end of July as to whether it has adopted rules on public access to its documents.

The present own-initiative inquiry of the Ombudsman is a follow-up to an earlier inquiry into public access to documents. Following the earlier inquiry, 14 institutions and bodies of the Community adopted rules on public access to their documents.

The new inquiry is addressed to bodies which have been established, or become fully operational, since the conclusion of the original inquiry. The Ombudsman already contacted the European Central Bank, asking if the Bank had adopted rules on public access to its documents. The Bank responded positively, enclosing its decision on public access to its documents and archives, which was published in the Official Journal on 28 April 1999.

The Ombudsman is still requesting that the Central Bank clarify whether the rules it has adopted are also intended to apply to the minutes of its monetary policy meetings. In principle, the proceedings of meetings of the Governing Council of the ECB are confidential, but the Governing Council may decide to make the outcome of its deliberations public. The Ombudsman is aware that the question of the availability of the minutes of monetary policy meetings is a subject of public interest and discussion. It is therefore important that European citizens should be clearly informed of the rules which apply to access to these documents.

The Ombudsman's present own-initiative inquiry also covers two decentralised agencies: the European Agency for Safety and Health at Work in Bilbao, Spain, and the Community Plant Variety Office, in Angers, France. Both of them have already replied to the Ombudsman, the former stating that it adopted public rules on access to its documents in June 1998 and the latter confirming that a draft decision on adopting such rules will be discussed in September 1999.

According to the Ombudsman, clear rules on public access to documents promote transparency and good administrative behaviour, thereby enhancing relations between European citizens and the EU institutions and bodies.
 

A code of good administrative behaviour

The European Ombudsman has also contacted Community institutions, bodies and agencies calling for a code of good administrative behaviour in order to improve the quality of the Community administration. Many cases of maladministration could be avoided if clear information was available to officials about their administrative duties towards citizens. On the other hand, such a code also gives information to European citizens of their rights and of the standards of administration that they are entitled to expect from the Community administration.

In November 1998, the Ombudsman wrote to eighteen Community institutions, bodies and agencies, among them the Parliament, the Council and the Commission. He asked them to inform him by the end of February 1999 of whether they already had issued a code of good administrative behaviour for their officials in their relations with the public, and if not, whether they agreed to take necessary steps in order to adopt one.

All the European institutions and bodies replied to the Ombudsman and agreed to adopt such a code. The European Investment Bank informed him that it had already adopted a code of good administrative conduct in April 1997. Most of the other institutions and bodies, especially the decentralised bodies, stated that they would base their work for adopting a code of conduct on the Commission's model, once adopted. The Commission communicated its draft code of conduct to the European Ombudsman in March 1999, but has not yet adopted it.

While waiting for the Commission's decision, the European Ombudsman office has elaborated a first draft of a code of conduct. Once finalised, the Ombudsman is considering sending it to the relevant institutions and bodies for their approval. It contains both substantive and procedural principles. Included are for instance provisions on the principle of lawfulness, absence of discrimination, the rights of the defence, proportionality, impartiality and independence, and the principle of legitimate expectations. The code also concerns the obligation to reply in the language of the citizen, reasonable time-limits in taking decisions, the obligation to state grounds for decisions, as well as indication of the possibilities of appeal.

A code of conduct can only be effective if it is a publicly accessible document. For this reason, the Ombudsman suggests that the codes of conduct should be published in the Official Journal in the form of a decision, as has been the case for the decisions on public access to Commission and Council documents.
 

The European Ombudsman's Website:
http://www.euro-ombudsman.eu.int

European Ombudsman, European Union

Own initiative inquiries by the European Ombudsman:

Public access to document of Europol, European Central Bank and other newly operational bodies 

Following the entry into force of the Amsterdam Treaty, the European Ombudsman has included Europol in his own initiative inquiry concerning public access to documents. He has asked Europol to provide him with information by the end of July as to whether it has adopted rules on public access to its documents.

The present own-initiative inquiry of the Ombudsman is a follow-up to an earlier inquiry into public access to documents. Following the earlier inquiry, 14 institutions and bodies of the Community adopted rules on public access to their documents.

The new inquiry is addressed to bodies which have been established, or become fully operational, since the conclusion of the original inquiry. The Ombudsman already contacted the European Central Bank, asking if the Bank had adopted rules on public access to its documents. The Bank responded positively, enclosing its decision on public access to its documents and archives, which was published in the Official Journal on 28 April 1999.

The Ombudsman is still requesting that the Central Bank clarify whether the rules it has adopted are also intended to apply to the minutes of its monetary policy meetings. In principle, the proceedings of meetings of the Governing Council of the ECB are confidential, but the Governing Council may decide to make the outcome of its deliberations public. The Ombudsman is aware that the question of the availability of the minutes of monetary policy meetings is a subject of public interest and discussion. It is therefore important that European citizens should be clearly informed of the rules which apply to access to these documents.

The Ombudsman's present own-initiative inquiry also covers two decentralised agencies: the European Agency for Safety and Health at Work in Bilbao, Spain, and the Community Plant Variety Office, in Angers, France. Both of them have already replied to the Ombudsman, the former stating that it adopted public rules on access to its documents in June 1998 and the latter confirming that a draft decision on adopting such rules will be discussed in September 1999.

According to the Ombudsman, clear rules on public access to documents promote transparency and good administrative behaviour, thereby enhancing relations between European citizens and the EU institutions and bodies.
 

A code of good administrative behaviour

The European Ombudsman has also contacted Community institutions, bodies and agencies calling for a code of good administrative behaviour in order to improve the quality of the Community administration. Many cases of maladministration could be avoided if clear information was available to officials about their administrative duties towards citizens. On the other hand, such a code also gives information to European citizens of their rights and of the standards of administration that they are entitled to expect from the Community administration.

In November 1998, the Ombudsman wrote to eighteen Community institutions, bodies and agencies, among them the Parliament, the Council and the Commission. He asked them to inform him by the end of February 1999 of whether they already had issued a code of good administrative behaviour for their officials in their relations with the public, and if not, whether they agreed to take necessary steps in order to adopt one.

All the European institutions and bodies replied to the Ombudsman and agreed to adopt such a code. The European Investment Bank informed him that it had already adopted a code of good administrative conduct in April 1997. Most of the other institutions and bodies, especially the decentralised bodies, stated that they would base their work for adopting a code of conduct on the Commission's model, once adopted. The Commission communicated its draft code of conduct to the European Ombudsman in March 1999, but has not yet adopted it.

While waiting for the Commission's decision, the European Ombudsman office has elaborated a first draft of a code of conduct. Once finalised, the Ombudsman is considering sending it to the relevant institutions and bodies for their approval. It contains both substantive and procedural principles. Included are for instance provisions on the principle of lawfulness, absence of discrimination, the rights of the defence, proportionality, impartiality and independence, and the principle of legitimate expectations. The code also concerns the obligation to reply in the language of the citizen, reasonable time-limits in taking decisions, the obligation to state grounds for decisions, as well as indication of the possibilities of appeal.

A code of conduct can only be effective if it is a publicly accessible document. For this reason, the Ombudsman suggests that the codes of conduct should be published in the Official Journal in the form of a decision, as has been the case for the decisions on public access to Commission and Council documents.
 

The European Ombudsman's Website:
http://www.euro-ombudsman.eu.int