Dear Mr B.,
On 22 November 1996, you complained to the Ombudsman that the Council does not maintain and make available to the public an up-to-date list of the measures which it adopts in the field of Justice and Home Affairs. You claimed that in the interests of informing citizens and conforming to democratic standards the Council should maintain such a list and make it available on request.

THE DRAFT RECOMMENDATION

By decision dated 8 October 1998, following an inquiry into the complaint and an attempt to achieve a friendly solution, the Ombudsman addressed the following draft recommendation to the Council in accordance with Article 3 (6) of the Statute of the Ombudsman: (1)

The Council should make available to the public on request, in accordance with the provisions of Council Decision 93/731/EC, the list of all measures approved in the field of Justice and Home Affairs which is maintained by its General Secretariat.

Full details of the inquiry, the attempt to achieve a friendly solution and the draft recommendation are provided in the decision of 8 October 1998, a copy of which was also forwarded to the complainant.

THE COUNCIL'S DETAILED OPINION

The Ombudsman informed the Council that, according to Article 3 (6) of the Statute, it should send a detailed opinion before 31 January 1999 and that the detailed opinion could consist of acceptance of the Ombudsman's draft recommendation and a description of how it has been implemented.
On 29 January 1999, the Secretary General of the Council sent to the Ombudsman the following detailed opinion which was adopted by the Council on 25 January 1999:

"1. The Council accepts the Ombudsman's draft recommendation that it should make available to the public on request, in accordance with the provisions of Council Decision 93/731/EC, the list of all measures approved in the field of Justice and Home Affairs which is maintained by its General Secretariat.

2. The Council has taken the following measures to implement this recommendation:

- The database on the Council's activities in the field of Justice and Home Affairs which was announced in the Council's letter of 13 July 1998 is now operational and accessible through the Internet (http://www.consilium.europa.eu). It allows at any time to obtain an up-to-date listing of the measures adopted by the Council in this area, either by date or by subject.

- At present, the database contains the measures adopted by the Council in 1998. In due time, it will also cover the preceding years. In the meanwhile, a list of the measures adopted in the field of Justice and Home Affairs before 1998 may be obtained from the General Secretariat on request."

After careful examination of the Council's detailed opinion, the Ombudsman considers that the measures it describes are satisfactory to implement the draft recommendation.
The Council's detailed opinion was forwarded to the complainant, who informed the Ombudsman by telephone on 23 February 1999 that he was pleased with the outcome.

THE DECISION

1 On 8 October 1998 the Ombudsman addressed the following draft recommendation to the Council, in accordance with Article 3 (6) of the Statute:

The Council should make available to the public on request, in accordance with the provisions of Council Decision 93/731/EC, the list of all measures approved in the field of Justice and Home Affairs which is maintained by its General Secretariat.

2 On 29 January 1999, the Council informed the Ombudsman of its acceptance of the draft recommendation and of the measures which it has taken to implement it. The measures described by the Council appear to be satisfactory and the Ombudsman therefore closes the case.
A copy of this decision will also be sent to the Council of the European Union.
Yours sincerely
Jacob SÖDERMAN

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(1) Decision 94/262 of 9 March 1994 of the European Parliament on the Regulations and General Conditions Governing the Performance of the Ombudsman's Duties, 1994 OJ L 113/15.