Ombudsman faces snub over call for Council transparency

Author (Person)
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Series Details Vol.10, No.27, 22.7.04
Publication Date 22/07/2004
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By David Cronin

Date: 22/07/04

THE Council of Ministers is to reject a move by the EU Ombudsman aimed at lifting the veil of secrecy over how it conducts the bulk of its business.

Nikiforos Diamandouros has urged Javier Solana, the Council's secretary-general, to explain by the end of next month why the institution's debates should not be held in public. The constitution adopted last month by EU heads of state and government envisages such a step.

But Solana's deputy Pierre de Boissieu has drafted a reply to the Ombudsman suggesting he does not have the powers to demand greater transparency. His response states that the issue is a "political and constitutional question, rather than one of maladministration".

The letter is to be rubber-stamped by the Union's ambassadors today (22 July).

At present, the Council meets in public when it adopts legislation jointly with the European Parliament (under the 'co-decision' procedure). In addition, the EU's rotating presidency draws up two lists for public debates - one on policy issues, the other on dossiers handed to it by the European Commission - that are deemed particularly important.

In his 25 June letter to Solana, Diamandouros noted that the new EU constitution commits the Council to meet in public "when examining and adopting a legislative proposal".

Although he accepted that the constitution has not yet been ratified by member states, the Greek underlined that all have agreed to the provision on openness. In any event, he added, the Council is able to alter its rules of procedures on its own in order to make greater transparency a reality.

He asked Solana to state by 31 August "what, obstacles, if any" the Council sees in making the required amendments to its procedures.

His request follows a complaint by German centre-right MEP Elmar Brok and Heiko Piesbergen from the North Rhine-Westphalia Youth Union.

The two men wrote to the Ombudsman earlier this year, arguing measures taken to improve transparency in the Council - such as allowing TV crews to film certain debates and setting up an online register of internal documents - have proven insufficient so far.

"There is a difference between providing audiovisual facilities and necessarily meeting in public," they argued. "Nor is access to documents any substitute for the principle of having the legislator meet in public; it can only serve as an additional aid.

"For a legislative body such as the Council or the European Parliament, meeting in public constitutes the classic form of openness in decision-making, as practised by the legislatures of all EU member states."

Failure to observe this constitutes 'maladministration', they added.

At the 2002 Seville summit, the Union's leaders agreed that Council meetings should be held in public. Yet during last year's Greek presidency, for example, only eight out of 170 Council meetings were open to the public.

Tony Venables, from pro-transparency lobby Euro Citizen Action Service, said that greater openness would be a vital step in addressing the flagging popularity of EU institutions among the electorate.

"The way the Council legislates behind closed doors has always meant it was a very easy target not only for Eurosceptics but for supporters of the EU as well," he said.

THE Council of Ministers is to reject a move by the EU Ombudsman aimed at lifting the veil of secrecy over how it conducts the bulk of its business.

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