• In 2021, Ombudsman conducted broad strategic inquiries into revolving doors cases, conflicts of interest and other cases

• MEPs welcome focus on public access to EU documents, call for reforming relevant legislation

• Important to promote transparent and accountable EU decision-making

The Ombudsman’s work in 2021 improved public participation and the legitimacy of the EU’s decision-making process, which still needs to become more transparent, argue MEPs.

In their annual report on the activities of the European Ombudsman, MEPs commend the Ombudsman for being an important tool in increasing the transparency and democratic accountability of the EU institutions. The report on the institution’s work was adopted by the European Parliament with 602 votes in favour, 8 against and 18 abstentions.

In 2021, the Ombudsman’s office did valuable work in promoting public access to the documents of EU institutions, say MEPs. They emphasise that making the institutions more understandable and transparent to the citizens improves their perception of the EU, and call on the Commission to take the necessary steps to ensure full transparency. The Transparency Regulation on public access to documents is now twenty years old, and needs updating to fit a modern context in line with technological developments, argue MEPs, and hope that legislative work on its reform continues and takes into account the Ombudsman’s input.

Currently, the Council’s work is still marred by lack of transparency, say MEPs, who ask the EU institutions to make informal trilogue negotiations more transparent by releasing documentation -calendars, agendas, minutes, amendments- in a standardised and easily accessible online environment. A better balance should be found between transparency and the sensitive nature of the legislative negotiations, say the MEPs.

More transparency needed on policy-related text messages

MEPs also commend the Ombudsman’s inquiries into text messages between the President of the European Commission and the CEO of a pharmaceutical company in the context of vaccine procurement, and into access to public documents related to the quality of medical masks. According to the report, text messages related to public policy are public documents falling under the Transparency Regulation, and the Commission should fully live up to transparency principles.

Finally, MEPs welcome the Ombudsman’s work in upholding the rights of persons with disabilities, for example by drafting best practises on the needs of persons with disabilities during emergencies.

Quote

After the vote, Rapporteur Anne-Sophie Pelletier (the Left, FR) said: “As the Rapporteur, I commend Emily O’Reilly’s tireless efforts aimed at strengthening the transparency, accountability and integrity of the EU Institutions, bodies, offices and agencies while focusing on the core of her mission: European citizens’ rights. I strongly believe that access to documents, ethics and transparency are necessary principles of a real participatory democracy. These principles are based on the trust of citizens in European public administrations, and the Ombudsman’s work contributes to strengthening this trust.”

Background

The top three concerns in the inquiries closed by the Ombudsman in 2021 were transparency and accountability (access to information and documents) (29%), culture of service (26%) and proper use of discretionary powers (including in infringement procedures) (18%).

In 2021, the Ombudsman’s strategic inquires included ‘revolving doors’ cases at the Commission, a potential conflict of interest at the European Space Agency, the Commission’s interactions with tobacco industry representatives, Frontex’s compliance with fundamental rights, and the monitoring of EU funds meant to promote the independent living of persons with disabilities and older persons.