Following a detailed inquiry, the European Ombudsman, Emily O'Reilly, has found that the Council of the EU - through practices that inhibit the scrutiny of draft EU legislation - undermines citizens’ right to hold their elected representatives to account. This constitutes maladministration.

The Ombudsman specifically criticises the Council’s failure systematically to record the identity of Member States taking positions during discussions on draft legislation, and the widespread practice of disproportionately marking documents as not for circulation, or “LIMITE”.

The approach falls short of what is expected of the Council in terms of legislative transparency.

The Ombudsman is now asking the Council systematically to record Member State positions in Council working parties and in COREPER ambassador meetings and, in principle, to make these documents proactively available to the public in a timely manner. Ms O’Reilly is also calling for clear c