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Transparency, Accountability and Integrity in the EU Institutions
Starting: 03 Sep
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This is a first draft of the political suggestions and demands of my initiative report on: “Transparency, Accountability and Integrity in the EU Institutions”. It will be introduced through a more formal part which will be added once the political parts in finalized. We used this political opportunity to collect bold proposals to win back the shrinked trust of citizens in EU institutions. EU institutions should become THE example of clean, transparent and accountable politics. Ideally to achieve progress also for Member States’ institutions to overcome corruption and lack of transparency.
The collection and discussion of suggestions on this platform will be closed on the 25th of September so that enough time for the formal polishing of the report remains.
We ask all of you of your opinion on the proposed text (using the thumbs up or down or comments) and ideas (to add new ideas use the (+) symbol). We thank those a lot who already send their input via our online form found on sven-giegold.de/transparency and also those who contributed to the call of Democracy International. We tried to include your ideas nevertheless please continue making suggestions and corrections in this draft where you feel it would help our task.
I will read each and every of your comments which is formulated in a respectful and constructive way. Thanks in advance for all votes and comments!
With Green European greetings
Sven Giegold, Greens/EFA MEP and rapporteur of the initiative report
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SvenGiegoldMEP
Member of the European Parliament and the Committees for Economic/Financial and for Constitutional Affairs
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on the access to EU documents
P85
- Believes the principle of widest possible openness of government and administration hence to art. 15 TEU to be more important than ever before to strengthen the trust of citizens;
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P87
- Believes the principle should be understood in its core from the perspective of citizen to be able to understand government and administration instead of remaining solely within the administration's own logic of procedures and documentation;
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P88
- Notes in that regard that although the definition of document is broad, it has been interpreted as not giving a right to pose questions or ask for information;
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P89
- Recognises that strong reasons such as public security, defence and military matters, international relations, the financial, and the monetary or economic policy of the Community or a Member State and protection of personal data and privacy might constitue legitimate exceptions for the basic principle of openness of government and administration; also recognises that commercial interests of a natural or legal person, including intellectual property, court proceedings and legal advice, and the purpose of inspections, investigations and audits, and internal deliberations might be further reasons to discount on this right;
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P90
- Considers protection of human rights, against corruption or against crimes against humanity to be hard overrides of otherwise stronger public interests that could hinder publication of information such as public security, defence and military matters, international relations, the financial, and the monetary or economic policy of the Community or a Member State and protection of personal data and privacy. The named public interests should also be subject to public interest tests such as commercial interests of a natural or legal person, including intellectual property, court proceedings and legal advice, and the purpose of inspections, investigations and audits, and internal deliberations;
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P91
- Believes the TFEU’s exclusions from this otherwise wide scope of access to documents for the Court of Justice of the European Union, the European Central Bank and the European Investment Bank, may not be used more restrictively than forseen under EU Regulation 1049/2011 and therefore suggests to repeal the addition of a reason to protect the confidentiality of the proceedings of the ECB’s decision-making bodies but to refer solely to the protection of legitimate interest;
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P92
- Believes those who wilfully act to undermine the right to information, including through the unauthorised destruction of information, should be sanctioned and encourages Council to agree with an amendment to EU Regulation 1049/2001 to foresee such sanctions;
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P93
- Believes the Regulation’s paragraph 14 of the Preamble which requires a register to be established implies the necessity of a system whereby minimum standards regarding the management of records are set and applied and encourages all institutions to set up such a system in the course of the existing regulation’s application;
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P94
- Believes, the right of access to information should not be limited to citizens, residents and legal persons registered in the EU but a right granted to non-citizens;
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P95
- Considers that, following the entry into force of the Treaty of Lisbon, Regulation (EC) No 1049/2001 should be urgently updated by:
- widening its scope to encompass all the EU institutions, bodies, offices and agencies currently not covered, such as the European Council, the European Central Bank, the ECJ, Europol and Eurojust;
- amending the provisions dealing with legislative and non-legislative procedures in accordance with the new definitions contained in the Treaties;
- updating, on the basis of recent ECJ case-law, the rules which deal in particular with the treatment of internal documents, information and data, to ensure wider access to Legal Service opinions drafted within the framework of the decision-making process, documents and information relating to the work of Member State representatives when acting as members of the Council - including the acts, proposals and amendments tabled, transcripts of meetings, their positions and votes cast in the Council, including in its working groups and expert groups - documents relating to international agreements, the protection of personal data and commercial interests, the content of the institutions' registers, etc.;
- granting access to the information available in the EU institutions which makes it possible to evaluate objectively the implementation of EU rules, acts, measures and programmes in the Member States; ensuring greater financial transparency by providing detailed information concerning the EU budget, its implementation and the beneficiaries of EU funds and grants;
- establishing, by means of a transparent procedure and in full compliance with democratic principles and the rule of law, the general principles and restrictions on grounds of public or private interest limiting access to documents which are exceptionally to be classified as 'Très secret/Top Secret', 'Secret' or 'Confidentiel' in order to protect the EU's essential interests (Article 9 of Regulation (EC) No 1049/2001);
- defining the principles which could be developed by means of interinstitutional agreements under Article 295 TFEU with a view to implementing in a coordinated way the new regulation on better lawmaking;
- making EU documents more accessible by creating more user-friendly systems;
- ensuring that Parliament leads by example in the EU by ensuring the widest degree of openness, transparency and access to documents;
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P96
- Reiterates its call from resolution (2009)0116 of 17 December 2009 for a revision of EU Regulation 1049/2001 to be necessary with the aim of a true right to information for EU citizen and non-citizens;
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P97
- Believes the ECB should also uphold the right of citizens to participate in the democratic life of the Union and therefore welcomes recent decisions to make publicly available more documents than before and encourages to this end the European Central Bank to proactively publish minutes of its meetings, including who voted for what, and the reasoning behind decisions taken;
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P98
- Requests the Commission to negotiate when contracting out tasks to achieve the contractors committement to apply the EU Regulation on access to documents also to their private bodies;
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P99
- Encourages all institutions to consider supporting recipients with special needs if due to being illiterate or disabled;
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P100
- Believes that the Ombudsman’s mandate as independent oversight body on the access of documents implies his duties must allow him to review classified documents and inspect the premises of public bodies and encourages Council to agree with an amendment to EU Regulation 1049/2001 to make this inspection powers explicit;
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P101
- widening its scope to encompass all the EU institutions, bodies, offices and agencies currently not covered, such as the European Council, the European Central Bank, the ECJ, Europol and Eurojust;
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P102
- amending the provisions dealing with legislative and non-legislative procedures in accordance with the new definitions contained in the Treaties;
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P103
- updating, on the basis of recent ECJ case-law, the rules which deal in particular with the treatment of internal documents, information and data, to ensure wider access to Legal Service opinions drafted within the framework of the decision-making process, documents and information relating to the work of Member State representatives when acting as members of the Council - including the acts, proposals and amendments tabled, transcripts of meetings, their positions and votes cast in the Council, including in its working groups and expert groups - documents relating to international agreements, the protection of personal data and commercial interests, the content of the institutions' registers, etc.;
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