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0930/2010/(ANA)CK
Digest - Date Friday | 27 April 2012
In the context of the Commission's decisions on infringement complaints the duty to state reasons must be recognised to serve two important objectives. Firstly, reason-giving promotes the degree of transparency which citizens increasingly expect from the Union's institutions, especially those citizens who are affected by an alleged Member State's infringement and seek help from the Commission. The Ombudsman has recognised that informing a citizen who has submitted an infringement complaint of the reasons for the Commission's decision at any given stage is, alongside the procedural guarantees enshrined in the 2002 Communication, an important element of the proper exercise of the Commission's discretion. Moreover, reason-giving dispels any impression that the Commission might act in an arbitrary and high-handed manner. Second, from the Commission's own perspective, the duty to give reasons helps ensure that the rationale for the action has been thought through and that it can be explained and defended. By aiming at a high standard of reason-giving, the Commission also creates an opportunity for it to receive criticism of its views in time to evaluate and respond to those criticisms before committing itself to a final conclusion. As a consequence, the Commission enables citizens fully to engage in the process and also helps improve the quality of its decisions. In this regard, the Commission at one and the same time contributes to an administrative culture of service, which the Ombudsman aims to promote, and serves its own self-interest.