13 Amendments of Kostadinka KUNEVA related to 2018/2080(INI)
Amendment 31 #
Citation 1a (new)
(1a) Whereas the constitutional treaties provide for the institution of the Ombudsman, is it imperative to ensure gender neutral language across all institutions and therefore considers the Ombudsperson as a more fitting title for the institution;
Amendment 36 #
Article 1 – paragraph 2
2. The Ombudsmanperson1a shall perform hits duties in accordance with the powers conferred on the CommunityUnion institutions and bodies by the Treaties. 1a This amendment applied horizontally
Amendment 37 #
Article 1 – paragraph 3
3. The Ombudsmaperson may not intervene in cases before courts or question the soundness of a court's rulingthe Court of Justice of the European Union and the under the same conditions as other interveners establishing a special interest for the result of the case pending before the Court.
Amendment 41 #
Article 2 – paragraph 2
2. Any citizen of the Union or any natural or legal person residing or having its registered office in a Member State of the Union may, directly or through a Member of the European Parliament, refer a complaint to the Ombudsmaperson in respect of an instance of maladministration in the activities of CommunityUnion institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role. The Ombudsmaperson shall inform the institution or body concerned as soon as a complaint is referred to himit, adhering to the EU standards of data protection.
Amendment 43 #
Article 2 – paragraph 7
7. When the Ombudsmaperson, because of legal proceedings in progress or concluded concerning the facts which have been put forward, has to declare a complaint inadmissible or termcan suspend consideration of the complaint until adjudication is concluded or can issue inate consideration of itrim recommendations, the outcome of any enquiries he has carried out up to that paragraph shall be filed without further actioncan be presented confidentially and upon request to the competent authority.
Amendment 44 #
Article 2 – paragraph 8
8. No complaint may be made to the Ombudsmaperson that concerns work relationships between the CommunityUnion institutions and bodies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and complaints, in particular the procedures referred to in Article 90 (1) and (2) of the Staff Regulations, have been exhausted by the person concerned and, or the time limits for replies by the authority thus petitioned have expired without reply or the procedures are manifestly futile or the official and other servant cannot avail itself to them due to status. In the latter case a complaint may be filed in parallel with internal proceedings.
Amendment 48 #
Article 3 – paragraph 1
1. The Ombudsmaperson shall be empowered, on his own initiative or following a complaint, to conduct all the enquiries which they considers justified to clarify any suspected maladministration in the activities of CommunityUnion institutions and bodies. He shall inform the institution or body concerned of such action, which may without requiring prior authorization. Any institution or body concerned may be informed in due time and be requested to submit any useful comment to himor evidentiary materials.
Amendment 51 #
Article 3 – paragraph 2
2. The CommunityUnion institutions and bodies shall be obliged to supply the Ombudsmaperson with any information they hasve requested from them and give hithem access to the files concerned. Access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, shall be subject to compliance with the rules on security of the CommunityUnion institution or body concerned or an undertaking of confidentiality. Such obligations relating to sensitive documents shall not provide an impediment to the Ombudsperson capacity to carry out effectively its duties and functions. The institutions or bodies supplying classified information or documents as mentioned in the previous subparagraph shall inform the Ombudsmaperson of such classification. For the implementation of the rules provided for in the first subparagraph, the Ombudsmaperson shall have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy The institutions or bodies concerned shall give access to documents originating in a Member State and classed as secret by law or regulation only whaftere that Member State has given its prior agreemente Ombudsperson’s services have put in place safeguards that ensure confidentiality. TWheyn shall give accessuch classification is not pertinent access shall be given to other documents originating in a Member State after having informend the Member State concerned shall be informed. In both cases, in accordance with Article 4, the Ombudsmaperson may not divulge the content of such documents. Officials and other servants of CommunityUnion institutions and bodies must testify at the request of the Ombudsmaperson; they shall continue to be bound by the relevant rules of the Staff Regulations, notably their duty of professional secrecy which shall not be interpreted as extending to information relevant for complaints or inquiries of harassment or maladministration.
Amendment 54 #
Article 3 – paragraph 3
3. The Member States' authorities shall be obliged to provide the Ombudsmaperson, whenever he may soupon request, via the Permanent Representations of the Member States to the European CommunitiesUnion, with any information that may help to clarify instances of maladministration by Community institutions or bodies unless such information is covered by laws or regulations on secrecy or by provisions preventing its being communicated. Nonetheless, in the latter case, the Member State concerned may allow the Ombudsmaperson to have this information provided that he undertakes not to divulge it and in any case provide a detailed description of the document and sufficient justification for not divulging.
Amendment 58 #
Article 3 – paragraph 6
6. If the Ombudsmaperson finds there has been maladministration, they shall inform the institution or body concerned, where appropriate making draft recommendations. The institution or body so informed shall send the Ombudsmaperson a detailed opinion within three months.
Amendment 59 #
Article 3 – paragraph 6 a (new)
6a. The Ombudsperson may conduct, own initiative inquiries of relevant nature in order to identify systematic maladministration, lack of transparency Union institutions, offices, bodies and agencies; The Ombudsperson shall be accordingly empowered to engage in structured and regular dialogue with the institutions and organize public consultations before providing recommendations or at any stage thereafter as well as systematically analyse and assess progress of the institution affected;
Amendment 61 #
Article 3 – paragraph 7 a (new)
7a. The Ombudsperson on their own motion undertake initiatives as deemed necessary to promote best administrative practices among EU institutions and bodies;
Amendment 62 #
Article 3 – paragraph 8 a (new)
8a. The Ombudsperson shall be capable to report corroborating evidence on mishandling of EU budget to the European Anti-Fraud Office (OLAF) for further investigation and the European Public Prosecutor’s Office and develop strategic partnerships thereof;