European Ombudswoman Teresa Anjinho has welcomed the European Commission’s overall constructive reply to her findings in a series of inquiries concerning urgent decision making.

In its reply, the Commission recognised the importance of ensuring derogations from its standard policy-making rules in the case of urgency are properly recorded and explained. As part of its plans to revise these internal rules, the Commission also indicated it will reflect on ways to be more transparent in its assessments of the need to act urgently.

As set out in the Ombudswoman’s recommendations, the Commission must ensure, as required by the Treaties and case law, a transparent, evidence-based, and inclusive preparation of ‘urgent’ legislative proposals.

The Ombudswoman will now analyse the Commission’s reply in detail before drawing final conclusions. Her analysis will also take into consideration feedback she expects to receive from the complainants.

Background

The Ombudswoman conducted three separate complaint-based inquiries that examined the extent to which the Commission applied its own Better Regulation rules when preparing legislative drafts concerning corporate sustainability due diligence (Omnibus I), the Common Agricultural Policy (CAP), and countering migrant smuggling.

She found a number of procedural shortcomings in how the Commission applied these rules, which taken together amount to maladministration.

In two forward-looking recommendations, the Ombudswoman asked the Commission to ensure a predictable, consistent and non-arbitrary application of the Better Regulation rules and that future urgent preparation of legislative proposals is always transparent, evidence-based, and inclusive. She also made a number of suggestions in light of the upcoming revision of the rules.