Letter from the European Ombudsman to the Council concerning the request for an extension to reply to the recommendation
Correspondence - Date Monday | 07 May 2018
Case OI/2/2017/TE - Opened on Friday | 10 March 2017 - Recommendation on Friday | 09 February 2018 - Special report on Wednesday | 16 May 2018 - Decision on Tuesday | 15 May 2018 - Institution concerned Council of the European Union (Closed after Special Report, Maladministration found)
Mr Jeppe Tranholm-Mikkelsen
Council of the European Union
Own-Initiative Inquiry OI/2/2017/TE
Request for an extension to reply to the European Ombudsman’s recommendation in the above-mentioned inquiry
Dear Mr Tranholm-Mikkelsen,
I note from your services that the Council will not be able to reply to my recommendation in inquiry OI/2/2017/TE on the transparency of the Council legislative process by the deadline of 9 May 2018.
Please note that the three-month period granted to EU institutions to reply to the Ombudsman’s findings of maladministration is laid down in Article 228 of the Treaty on the Functioning of the European Union. The Ombudsman’s Statute details that the EU institution informed of a finding of maladministration shall reply with a detailed opinion within three months.
In this inquiry, I have already indicated in my recommendation of 9 February 2018 that I would not welcome any requests for extending the three-month timeline, given the importance of the issue of legislative transparency to EU citizens.
As I am now unlikely to receive the Council’s reply by 9 May 2018, I hope you understand the need to proceed with my inquiry based on the information already in the file.
Finally, I should like to express my appreciation of the good cooperation given by your services during the inquiry.
 Decision of the European Parliament on the regulations and general conditions governing the performance of the Ombudsman’s duties, Article 3(6).