European Parliament 2019-2024 Committee on Petitions 2019/2134(INI) 8.10.2019 AMENDMENTS 1 - 98 Draft report Peter Jahr (PE639.781v01-00) Activities of the European Ombudsman - annual report 2018 (2019/2134(INI)) AM\1192349EN.docx PE641.268v03-00 EN United in diversityEN AM_Com_NonLegReport PE641.268v03-00 2/49 AM\1192349EN.docx EN Amendment 1 Gianna Gancia, Mara Bizzotto, Stefania Zambelli Motion for a resolution Citation 2 a new Motion for a resolution Amendment – having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality, Or. en Amendment 2 Gianna Gancia, Mara Bizzotto, Stefania Zambelli Motion for a resolution Recital A a new Motion for a resolution Amendment Aa. whereas Article 15 TFEU states that, in order to promote good governance and ensure the participation of civil society, the Union's institutions, bodies, offices and agencies shall conduct their work as openly as possible and that any citizen of the Union shall have a right of access to documents of the Union's institutions, bodies, offices and agencies; Or. en Amendment 3 Emmanouil Fragkos Motion for a resolution Recital A a new AM\1192349EN.docx 3/49 PE641.268v03-00 EN Motion for a resolution Amendment Aa. whereas the Union is still experiencing the worst economic, social and political crisis in its history, and promoting transparency and control over its administration by its citizens is becoming more imperative than ever; Or. el Amendment 4 Emmanouil Fragkos Motion for a resolution Recital B a new Motion for a resolution Amendment Ba. having regard to the ineffective approach adopted by the EU institutions in tackling the lack of transparency in both the EU decision-making process and in lobbying activities, which has gradually contributed to undermining the image of the EU; Or. el Amendment 5 Cristian Terheş Motion for a resolution Recital B a (new) Motion for a resolution Amendment Ba. whereas the Ombudsman has a crucial role to play in making the EU legislative process more open and accountable to citizens so they can exercise their right to participate in the democratic life of the Union thereby increasing their engagement and trust; PE641.268v03-00 4/49 AM\1192349EN.docx EN Or. en Amendment 6 Agnès Evren, Peter Jahr Motion for a resolution Recital C a (new) Motion for a resolution Amendment Ca. whereas Article 10(3) of the Treaty on European Union establishes that ‘every citizen shall have the right to participate in the democratic life of the Union’ and that ‘decisions shall be taken as openly and as closely as possible to the citizen’; Or. fr Amendment 7 Gianna Gancia, Mara Bizzotto, Stefania Zambelli Motion for a resolution Recital D Motion for a resolution Amendment D. whereas the top three concerns in D. whereas the top three concerns in the inquiries closed by the Ombudsman in the inquiries closed by the Ombudsman in 2018 were: transparency, accountability 2018 were: transparency, accountability and public access to information and and public access to information and documents (24.6 %), culture of service documents (24.6 %), culture of service (19.8 %), and proper use of discretion (19.8 %), and proper use of discretion (16.1 %); whereas other concerns included (16.1 %); whereas other concerns included respect of procedural rights such as the respect of procedural rights such as the right to be heard, respect of fundamental right to be heard, respect of fundamental rights, recruitment, ethical issues, public rights, recruitment, ethical issues, public participation in EU decision-making, participation in EU decision-making, including in infringement procedures, including in infringement procedures, sound financial management of EU sound financial management of EU tenders, grants and contracts, recruitment, tenders, grants and contracts, recruitment, and good management of EU personnel and good management of EU personnel issues; issues, thus questioning the ethical basis of the utter EU working function mechanism; AM\1192349EN.docx 5/49 PE641.268v03-00 EN Or. en Amendment 8 Agnès Evren, Peter Jahr Motion for a resolution Recital D a (new) Motion for a resolution Amendment Da. whereas Article 15 of the Treaty on the Functioning of the European Union states that ‘in order to promote good governance and ensure the participation of civil society, the Union's institutions, bodies, offices and agencies shall conduct their work as openly as possible’ and that ‘any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union's institutions, bodies, offices and agencies’; Or. fr Amendment 9 Margrete Auken, Eleonora Evi, Mario Furore Motion for a resolution Recital D a (new) Motion for a resolution Amendment Da. whereas the 76% compliance rate of the Ombudsman’s recommendations for good administration by the European Commission in 2018 represents a continuous decrease from 82% in 2016 and 77% in 2017 levels, respectively; Or. en Amendment 10 Agnès Evren, Peter Jahr PE641.268v03-00 6/49 AM\1192349EN.docx EN Motion for a resolution Recital E a (new) Motion for a resolution Amendment Ea. whereas Article 41(1) of the Charter of Fundamental Rights states that ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’; Or. fr Amendment 11 Agnès Evren, Peter Jahr Motion for a resolution Recital F a (new) Motion for a resolution Amendment Fa. whereas Article 43 of the Charter of Fundamental Rights states that ‘any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role’; Or. fr Amendment 12 Emmanouil Fragkos Motion for a resolution Recital F a (new) AM\1192349EN.docx 7/49 PE641.268v03-00 EN Motion for a resolution Amendment Fa. whereas the Ombudsman has a crucial role to play in ensuring the accountability of the EU institutions and the maximum transparency and impartiality of the EU administration and decision-making processes in order to protect citizens’ rights, thereby increasing their trust, engagement and participation in the democratic life of the Union; Or. el Amendment 13 Margrete Auken, Eleonora Evi, Mario Furore Motion for a resolution Recital G Motion for a resolution Amendment G. whereas following her inquiry the G. whereas following her strategic Ombudsman found that the Council’s lack inquiry OI/2/2017/TE the Ombudsman of transparency regarding public access to found that the Council’s lack of its legislative documents and its current transparency regarding public access to its practices with regard to transparency of its legislative documents and its current decision-making process – specifically practices with regard to transparency of its during the preparatory stage at Coreper and decision-making process – specifically working group level – constitute during the preparatory stage at Coreper and maladministration; working group level – constitute maladministration; whereas following the Council’s reluctance to implement her recommendations, on 16th May 2018 the Ombudsman submitted a Special Report to the Parliament on the matter; whereas the latter then adopted on 17th January 2019 its report 2018/2096(INI) on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU, endorsing the Ombudsman’s recommendations; Or. en PE641.268v03-00 8/49 AM\1192349EN.docx EN Amendment 14 Yana Toom, Frédérique Ries, Jordi Cañas, Marie-Pierre Vedrenne Motion for a resolution Recital G Motion for a resolution Amendment G. whereas following her inquiry the G. whereas following her inquiry the Ombudsman found that the Council’s lack Ombudsman found that the Council’s lack of transparency regarding public access to of transparency regarding public access to its legislative documents and its current its legislative documents and its current practices with regard to transparency of its practices with regard to transparency of its decision-making process – specifically decision-making process – specifically during the preparatory stage at Coreper and during the preparatory stage at Coreper and working group level – constitute working group level – constitute maladministration; maladministration; whereas the European Parliament has fully supported the Ombudsman in her conclusions and suggestions in its resolution of 17 January 2019 on Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU; Or. en Amendment 15 Jordi Cañas Motion for a resolution Recital G Motion for a resolution Amendment G. whereas following her inquiry the G. whereas following her inquiry the Ombudsman found that the Council’s lack Ombudsman found that the Council’s lack of transparency regarding public access to of transparency regarding public access to its legislative documents and its current its legislative documents and its current practices with regard to transparency of its practices with regard to transparency of its decision-making process – specifically decision-making process – specifically during the preparatory stage at Coreper and during the preparatory stage at Coreper and working group level – constitute working group level – constitute maladministration; maladministration; whereas the Finnish Presidency has expressed its commitment AM\1192349EN.docx 9/49 PE641.268v03-00 EN to enhancing the openness and legislative transparency of the Council of the EU; Or. en Amendment 16 Margrete Auken, Eleonora Evi, Mario Furore Motion for a resolution Recital G a (new) Motion for a resolution Amendment Ga.