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How the European Commission dealt with several requests for public access to documents concerning surveillance and security systems and equipment at migrant centres in Greece
Segunda-Feira | 27 março 2023
Recommendation on the time the European Commission takes to deal with requests for public access to documents (strategic inquiry OI/2/2022/OAM)
Sexta-Feira | 24 março 2023
The Ombudsman opened this inquiry to look into whether there are systemic delays in how the European Commission handles requests for public access to documents.
The Ombudsman’s inquiry found that systemic and significant delays occur in particular when it comes to dealing with requests to review initial decisions (‘confirmatory applications’). While decisions on initial requests were delayed in one case out of six during the year in question, 85% of decisions on confirmatory applications were delayed, with over 60% taking more than 60 working days (the maximum time-limit is 30 working days). One example included a request by a journalist covering the procurement of medical masks at the outset of the COVID-19 pandemic, where it took the Commission ten months to take a final decision and it took nearly two years in total for the requester to receive the documents.
The Ombudsman has consistently taken the view that ‘access delayed is access denied’. Documents and information sought by requesters are often time sensitive and can lose relevance to the requester if delays occur. There may also be a dissuasive effect in that requesters opt not to exercise their fundamental right to access documents in the knowledge it takes too much time. Thus, requests for public access must be handled promptly and, at the very least, within the applicable time limits. Failure to comply with the time limits laid down by the legislator cannot be good administrative practice.
The Ombudsman acknowledges the increasing number and complexity of requests handled by the Commission. She is aware that the Commission dealt with over 8000 initial requests during the year in question, with requesters pursuing fewer than 10% of negative decisions. She is also aware that the Commission recently introduced the new EASE portal to improve how it deals with public access requests. That said, her Office continues to deal with complaints alleging serious delays. The systemic and significant delays brought to light in this inquiry amount to maladministration. The gravity of this matter is compounded by the fact that, in the Ombudsman’s experience, significant delays occur in cases of great public importance. If the Commission’s processing of the requests takes so much time, there is a risk that this is perceived as deliberate, so as to avoid timely public scrutiny.
Therefore, the Ombudsman makes a recommendation to the Commission to correct the current situation, as a matter of priority. She also makes seven suggestions to address how the Commission handles access requests. She is aware that these suggestions are unlikely to be sufficient to tackle the major issue of delays which requires a more fundamental rethink within the Commission about how it plans to adhere to the timelines set out by the legislator.
How the European Parliament dealt with a request for public access to a 'four-column document' relating to trilogue negotiations on the EU Digital Markets Act
Quarta-Feira | 22 março 2023
Decision on how the European Commission dealt with a request for public access to documents concerning the adoption of EU rules on real driving emissions values (case 1920/2022/NH)
Quarta-Feira | 22 março 2023
The complainant, a journalist, asked the European Commission for public access to documents concerning the adoption of EU rules on real driving emissions values. The Commission refused to grant access. In doing so, it invoked an exception under the EU's legislation on public access to documents, arguing that disclosure could undermine legal proceedings, as the matter had previously been subject to court proceedings and could be again in the future.
The Ombudsman inquiry team inspected the documents in question and confirmed that they contain internal legal advice concerning a judgment of the General Court of 13 December 2018. The Ombudsman found that, in view of the specific context of the case, it was reasonable for the Commission to assume that the same subject matter would be challenged in court again.
She therefore considered that the Commission was justified in protecting the confidentiality of four out of five documents at this stage, and concluded that there was no maladministration.
The fifth document is an official Commission decision to appeal to the Court. The Ombudsman’s view is that this document could be made public, in particular because the Commission’s arguments (as presented to the Court) are reflected in the publicly available opinion of the Advocate General. However, since this document was not the main document at issue of the complaint, the Ombudsman does not find it justified to prolong the inquiry into this matter. She trusts that the Commission will look at the document again and reconsider its position.
How the European Parliament dealt with a request for public access to a 'four-column document' relating to trilogue negotiations on the EU Digital Markets Act
Segunda-Feira | 20 março 2023
The European Commission's refusal to give public access to documents concerning a project under the EU Defence Industrial Development Programme
Quinta-Feira | 16 março 2023
Decision on the European Border and Coast Guard Agency's (Frontex) refusal to give public access to a document containing information on return operations in a machine-readable format (case 1877/2022/NH)
Quinta-Feira | 16 março 2023
The case concerned a request for public access to documents held by the European Border and Coast Guard Agency (Frontex) concerning return operations. The complainant specifically asked to receive the requested documents in a machine-readable format. Frontex disclosed the requested documents, but in a different format.
The Ombudsman asked Frontex to explain in more detail its reasons for providing the complainant with a non-machine readable format. In reply, Frontex disclosed the documents in a machine-readable file format.
Since Frontex settled the problem, the Ombudsman closed the inquiry.
The failure by the European Commission to take a final decision within the applicable time limit on a request for public access to documents concerning the Recovery and Resilience Plan of the Netherlands
Quinta-Feira | 16 março 2023
Decision on the European Commission's refusal to give public access to a proposal and a grant agreement concerning an EU funded project in the defence industry (case 1980/2022/NH)
Terça-Feira | 14 março 2023
The case concerned a request for public access to documents concerning technology developed and military equipment produced as part of an EU-funded project in the defence industry. The European Commission refused access to the two documents it identified, arguing that full disclosure could undermine the public interest as regards public security, defence and military matters, the protection of the privacy and the integrity of the individual and the protection of commercial interests.
The Ombudsman inquiry team inspected the documents in question and found that the Commission’s refusal to disclose them was justified due to their sensitive nature.
The Ombudsman closed the inquiry with the conclusion that the Commission had not acted with maladministration in this case.
The failure by the European Commission to take a final decision within the applicable time limit on a request for public access to documents concerning exchanges with German politicians on the possible legalisation of cannabis
Segunda-Feira | 06 março 2023
How the European Border and Coast Guard Agency (Frontex) dealt with a request for public access to documents concerning social media monitoring
Quinta-Feira | 02 março 2023
How the European Border and Coast Guard Agency (Frontex) dealt with a request for public access to documents concerning social media monitoring
Terça-Feira | 28 fevereiro 2023
The Council of the EU's refusal to give full public access to documents related to negotiations on the draft 'Digital Markets Act'
Sexta-Feira | 24 fevereiro 2023
The European Investment Bank's failure to proactively disclose environmental and social information on projects prior to decisions on funding
Sexta-Feira | 24 fevereiro 2023
Letter from the European Ombudsman to the European Investment Bank on how the institution handled a request for public access to a document concerning environmental and social information on a transport project in Nairobi - 2252/2022/OAM
Quarta-Feira | 22 fevereiro 2023
Decision on how the European Commission dealt with three requests for public access to documents concerning EU pilot and infringement procedures (case 383/2022/NK)
Quarta-Feira | 22 fevereiro 2023
The case concerned three requests for public access to documents concerning all EU Pilot procedures and five specific infringement procedures related to procurements in the defence sector. The Commission refused (full) access to the majority of the 153 documents it identified, arguing that full disclosure could undermine the public interest as regards public security, defence and military matters, the financial, monetary or economic policy of Member States, the protection of the privacy and the integrity of the individual and the protection of commercial interests. The Commission also redacted (parts of) some of the documents, arguing that those were outside the scope of the requests.
The Ombudsman inquiry team inspected the documents in question and found that the Commission’s refusal to disclose the relevant parts of the documents was generally justified.
However, the Ombudsman expressed concerns regarding the delay incurred by the Commission in dealing with the requests and, once again, urged the Commission to deal with requests for public access to documents within the applicable deadlines.
Tratamento dado pelo Banco Europeu de Investimento a um pedido de acesso público a um documento relativo a informações ambientais e sociais sobre um projeto de transportes em Nairobi
Quarta-Feira | 22 fevereiro 2023
Tratamento dado pela Comissão Europeia a um pedido de acesso público a duas cartas relacionadas com uma queixa por infração contra a Itália (GESTDEM 2022/5298)
Terça-Feira | 21 fevereiro 2023
A prática da Agência Europeia de Medicamentos (EMA) de diferimento dos pedidos de acesso público a documentos
Terça-Feira | 14 fevereiro 2023
Tratamento dado pela Comissão Europeia a um pedido de acesso público a notificações dos Estados-Membros relativas a sanções contra a Rússia
Quinta-Feira | 09 fevereiro 2023