When free access is really free

Changes to the European ombudsman’s statute are an important step, writes Finnish MEP Anneli Jäätteenmäki

“The commission’s proposals would mean access to fewer, not more documents,” European ombudsman Nikiforos Diamandouros said of new plans to update a 2001 law on document transparency. The proposals have been subject to strong criticism from several member states, MEPs and NGOs for being too restrictive.

But when drafting the amendment proposals for the parliament’s report on the statute of the European ombudsman, I was quite surprised at how hard it is to increase transparency in the institutions.

Opposition to the amendments was really tough, especially from the EPP group during the committee stage. The EPP strongly objected to “free access” to all documents, but I am very happy that in the end a compromise was found. This guarantees unlimited access for the ombudsman to all documents, provided that he respects rules that are strictly similar to those in force within the institutions or bodies that supply those documents.

The modifications also include clearer provisions when EU officials testify at the request of the ombudsman in the course of an inquiry. If the Lisbon treaty is ratified in all member states, the charter of fundamental rights will become legally binding. This reflects a growing realisation that citizens should be placed at the centre of Europe’s concerns.

Also, from the ombudsman’s perspective, the charter would be groundbreaking in recognising, for the first time, the right to good administration as a fundamental right of EU citizens. Whether or not EU leaders will find a solution to the latest crisis, it is clear that we have to continue fighting to increase transparency.