On the time the European Commission takes to deal with requests for public access to documents
B-9-2024-0162
on behalf of the Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Juan Fernando López Aguilar
Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.
Parliament's resolution calls on the Commission to fix systemic delays in handling public access to documents requests, which the Ombudsman found breached legal time limits.¶¶ It asks the Commission to implement the Ombudsman's recommendations, publish documents and statistics proactively, and report to Parliament on compliance.¶¶¶ It warns that if delays persist by the time the new College of Commissioners is established, Parliament will consider using all available parliamentary instruments.¶
Key points
- Recalls that the right of public access to EU institution documents is set out in the Treaties and the Charter of Fundamental Rights.¶
- Insists the Commission must implement Article 15(3) TFEU in line with democratic principles and that transparency ensures accountability.¶
- Regrets the Ombudsman's finding that in 85% of reviewed cases the Commission did not decide within legal time limits and in 60% the delay exceeded 60 working days.¶
- Underlines that these delays amount to maladministration and supports the Ombudsman's recommendations to correct the situation as a priority.¶
- Stresses that delays undermine citizens' participation and have a dissuasive effect, and that volume and complexity cannot justify systemic delays.¶
- Is convinced that proactive publication of documents in the register is the best way to lower the number of requests and avoid delays.¶
- Urges the Commission to correct its systematic and significant delays in processing access requests.¶
- Calls on the Commission to implement the Ombudsman's recommendations, including more proactive transparency, more dedicated human resources and a more open attitude towards requesters.¶
- Calls for reform of the Commission's management of public access to documents to tackle delays and failure to respect time limits.¶
- Calls on the Commission to proactively publish documents and statistics on how it handles access requests, including compliance with deadlines.¶
- Warns that if delays are not addressed by the time the new College of Commissioners is established, Parliament will consider using all available parliamentary instruments.¶
- Requests that the Commission inform Parliament about how it plans to comply with the time limits laid down in EU legislation.¶
Who is affected
- The European Commission, which must correct delays, implement recommendations and report to Parliament.¶¶¶
- Citizens and requesters, whose right to access documents and participate in decision-making is undermined by delays.¶¶
- The European Ombudsman, whose recommendations and findings Parliament supports.¶
Figures and deadlines
- 85% of reviewed cases: Commission did not decide within legal time limits.¶
- 60% of cases: delay amounted to more than 60 working days.
Legal basis: Articles 1, 9, 10, 11 and 16 TEU; Articles 15 and 228 TFEU; Articles 41 and 42 of the Charter of Fundamental Rights.¶¶¶