MEPs argue that timely access to public documents is vital for democratic scrutiny, and that the Commission is systematically failing to adhere to legal deadlines to provide key documents.
In a resolution adopted on Tuesday by the Committee on Civil Liberties, Justice and Home Affairs, MEPs argue that the European Commission currently takes too long to process public access to documents requests, which are vital for transparency in the EU. The resolution was adopted unanimously with 55 votes in favour.
Unacceptable delays in handling document requests
MEPs stress that the public’s right to access documents of the EU institutions is enshrined in the EU Treaties and its Charter of Fundamental Rights, and is key in ensuring the legitimacy of and public trust in the EU. They point out that the purpose of the EU’s current laws on access to documents is to grant citizens “the widest possible right of access to the documents of the institutions in order to allow them to effectively exercise their right of scrutiny” over EU institutions.
The Parliament notes that a report by the European Ombudsman has revealed that in 85% of the review cases, the Commission did not take a decision within the time limits set by law for access requests, and in 60% of the cases, there was a delay of more than 60 working days in handling them. The report came to the conclusion that there are systematic breaches of the legal time limits for dealing with access requests. MEPs point out that the Commission is the largest EU institution, and should therefore lead by example on public access to documents, so as to guarantee citizens the right to fully participate in the democratic process.
MEPs ask for proactive transparency
To remedy the situation, MEPs ask the Commission to proactively publish documents in a register, making it easier to fulfil complex requests and avoid “unnecessary legal disputes”. The Commission should correct the situation by implementing the Ombudsman’s recommendations´, including by dedicating more human resources to document requests and developing a more open and constructive attitude towards requesters. MEPs find that the new Electronic Access to Commission Documents (EASE) portal is “clearly a positive step” in increasing transparency.
Additionally, MEPs ask the Commission to proactively publish statistics about handling access to documents requests, including information on compliance with deadlines. If the systematic delays are not addressed by the time the next Commission is formed, the Parliament “will consider all parliamentary instruments to address the matter”.
Quote
Rapporteur and LIBE Chair Juan Fernando López Aguilar (S&D, Spain) said:
“The right of public access to documents is set out in the EU Treaties, and should be the rule and not the exception. However, the Commission falls far short of their obligations in this regard. Today, the LIBE Committee has adopted a resolution urging to correct this issue as soon as possible drawing up from the conclusions on the Special Report conducted by the European Ombudsman on this matter. We call on the EC to be proactively transparent and to reform their management of public access to documents. Only in this way, we ensure public trust in our institutions.”
Next steps
The resolution will be tabled for a future plenary of the European Parliament.