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Letter from the European Ombudsman to the Council concerning the request for an extension to reply to the recommendation

Mr  Jeppe Tranholm-Mikkelsen


Council of the European Union



Strasbourg,  07/05/2018

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[1].

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.

Yours sincerely,


Emily O'Reilly
European Ombudsman

[1] Decision of the European Parliament on the regulations and general conditions governing the performance of the Ombudsman’s duties, Article 3(6).