Saturday

21st Sep 2019

Exclusive

EU parliament rejects ombudsman over expenses

  • A meeting in May 2018 between then president of the European Parliament Antonio Tajani (l) and European Ombudsman Emily O'Reilly. Fast-forward a year and Tajani criticised O'Reilly's report on the confidentiality of internal documents (Photo: European Parliament)

The European Parliament has dismissed a request by the European Ombudsman to publish documents related to office expenses, requested by EUobserver.

The previous parliament president, centre-right Italian Antonio Tajani, signed a letter dated 1 July, to ombudsman Emily O'Reilly, saying the parliament "respectfully disagrees" with her.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... or join as a group

  • MEPs receive a lump sum of €4,513 every month for office expenses. A majority of them voted in favour of a stricter regime, which the internal body Bureau dismissed (Photo: European Parliament)

The nub of the argument is that parliament questions whether the ombudsman had the right to criticise the institution's "margin of discretion" in deciding on publication of confidential papers, and that a case of an 'overriding public interest' was not convincingly made.

The case goes back to the summer of 2018, when the parliament's internal decision-making body, the Bureau, decided on how to reform the so-called general expenditure allowance (GEA).

The GEA is a lump sum of €4,513, which MEPs receive every month to cover expenses related to their office.

However, the money is given with no questions asked and no receipts needed, a situation which a majority of MEPs wanted to change.

Following a presentation of options by an ad-hoc working group consisting of Bureau members, the Bureau decided to require MEPs to open a separate bank account for the GEA.

But the Bureau dismissed requests from the plenary to mandate keeping receipts and that any unspent share of the taxpayer-funded allowance should be returned to parliament when an MEP leaves office.

The outcome of the Bureau decision was published on the parliament website, but not the papers from the working group.

EUobserver then filed an access to documents request.

The parliament twice refused to grant access, saying that if it did so, this would affect how future working groups would operate.

If they knew their internal discussions could become public, the parliament argued, such working groups would not be able to have a frank and open discussion weighing all options.

The ombudsman disagreed, and said in May this year that not publishing the papers was a case of maladministration.

"The ombudsman underlines the importance of the context of this case: this is a situation in which MEPs, as members of the Bureau, decide on the coverage of expenses from the GEA," the ombudsman's recommendation said.

"At the same time, those MEPs receive repayment of those expenses under the GEA," she added.

But in the letter signed by Tajani, the parliament said that the assessment that MEPs acted as decision-makers whilst also being beneficiaries was "misleading in this context".

"It might be recalled that the documents requested by the complainant were a proposal with options, prepared by a working group set up by the Bureau as an internal advisory body, which took no decision on the matter. By contrast, the situation where MEPs did indeed act as decision-makers was in the Bureau itself, the outcome of which was published by the parliament," the letter argued.

What is not mentioned here is that the working group consisted of MEPs who were also Bureau members.

"Parliament considers that, when balancing the interest of the public in scrutinising the members of the Bureau of the European Parliament against the interest in obtaining frank and complete advice as required by Regulation (EC) No 1049/2001, no pressing concern emerges to grant public access to an internal opinion the Bureau received from a working group, since every citizen may access the actual decision of the Bureau and, on that basis, make his or her own judgement on the way parliament manages the reimbursement of the expenses of its members," Tajani said.

Regulation (EC) No 1049/2001 is the EU law that governs public access to documents.

He also questioned whether it was "appropriate" for the Ombudsman to cast judgment on whether there was an overriding public interest in publication, because "case-law recognises that the institutions enjoy a margin of appreciation when weighing public interest in publication of documents against a protected interest".

That protected interest would be that publication would "undermine the institution's decision-making process".

Tajani also referred to principles set out in a 1981 judgment of the Court of Justice.

"According to those principles, expenses may be reimbursed by means of a flat-rate sum in those cases in which it is appropriate, in order to reduce the administrative costs and burdens inherent to a system involving the verification of each individual item of expense."

'Procedural shortcomings'

The parliament also complained about "procedural shortcomings of the inquiry carried out by the Ombudsman".

It was upset that the ombudsman had made the recommendation public "before giving parliament the opportunity to defend its position by a detailed opinion in the light of preliminary findings of the Ombudsman".

In that case, EUobserver would have been informed of parliament's right of reply at the same time as the ombudsman's recommendation, "thus allowing a balanced appreciation of the case".

Tajani sent his letter to O'Reilly on 1 July this year, two days before he was succeeded as parliament president by David Sassoli.

Who is the new EU parliament president, David Sassoli?

The 63-year-old centre-left Italian MEP was elected president of the European Parliament, with 345 votes. A former journalist, Sassoli has experience as a vice-president of the parliament, but is little known.

Exclusive

Ombudsman backs EUobserver on MEP expenses

The European Parliament should have granted access to documents on a decision about how transparent MEPs should be in future with their office expenses, says EU Ombudsman.

Exclusive

How eight MEPs overruled 540 colleagues on office expenses

The EU parliament spends €40m a year on a lump sum for MEPs' expenses with barely any scrutiny. A majority of parliamentarians called for more transparency - but a handful of powerful MEPs mostly dismissed that request.

Opinion

Defending the defenders: ombudsmen need support

Ombudsmen are often coming under attack or facing different kinds of challenges. These can include threats, legal action, reprisals, budget cuts or a limitation of their mandate.

News in Brief

  1. Ireland: right Brexit deal is 'not yet close'
  2. UK secrecy on Brexit holds back wider EU talks
  3. Feminist mass protest in Spain after 19 murders this summer
  4. Global climate strike starts ahead of UN summit
  5. UK Brexit minister to meet Barnier on Friday
  6. Russia-Ukraine gas deal talks show 'progress'
  7. Nobel economist: Ireland 'not good EU citizen' on taxes
  8. Germany takes carbon border tax on board

Column

These are the crunch issues for the 2019-2024 EU commission

These developments will largely determine who will be running the world in the coming decades and perhaps generations. If the Europeans can't find an answer over the five years, they will be toast. And we haven't even mentioned climate change.

Magazine

The changing of the guards in the EU in 2019

The four most powerful EU institutions - Commission, Parliament, Council and Central Bank will all have new leaders in the coming ten months. Here is an overview.

Stakeholders' Highlights

  1. Nordic Council of MinistersNew programme studies infectious diseases and antibiotic resistance
  2. UNESDAUNESDA reduces added sugars 11.9% between 2015-2017
  3. International Partnership for Human RightsEU-Uzbekistan Human Rights Dialogue: EU to raise key fundamental rights issues
  4. Nordic Council of MinistersNo evidence that social media are harmful to young people
  5. Nordic Council of MinistersCanada to host the joint Nordic cultural initiative 2021
  6. Vote for the EU Sutainable Energy AwardsCast your vote for your favourite EUSEW Award finalist. You choose the winner of 2019 Citizen’s Award.
  7. Nordic Council of MinistersEducation gets refugees into work
  8. Counter BalanceSign the petition to help reform the EU’s Bank
  9. UNICEFChild rights organisations encourage candidates for EU elections to become Child Rights Champions
  10. UNESDAUNESDA Outlines 2019-2024 Aspirations: Sustainability, Responsibility, Competitiveness
  11. Counter BalanceRecord citizens’ input to EU bank’s consultation calls on EIB to abandon fossil fuels
  12. International Partnership for Human RightsAnnual EU-Turkmenistan Human Rights Dialogue takes place in Ashgabat

Latest News

  1. Europe goes to New York This WEEK
  2. Nine EU 'commissioners' asked to clarify declarations
  3. Dismiss Italy's Salvini at your peril
  4. Malta PM accused of 'blackmail' over slain reporter
  5. Diplomats back Romania's Kovesi for EU top prosecutor
  6. Brexit raises questions for EU defence integration
  7. Low-carbon cities can unlock €21tn by 2050, report finds
  8. France, Italy want 'automatic' distribution of migrants

Stakeholders' Highlights

  1. Nordic Council of MinistersNew campaign: spot, capture and share Traces of North
  2. Nordic Council of MinistersLeading Nordic candidates go head-to-head in EU election debate
  3. Nordic Council of MinistersNew Secretary General: Nordic co-operation must benefit everybody
  4. Platform for Peace and JusticeMEP Kati Piri: “Our red line on Turkey has been crossed”
  5. UNICEF2018 deadliest year yet for children in Syria as war enters 9th year
  6. Nordic Council of MinistersNordic commitment to driving global gender equality
  7. International Partnership for Human RightsMeet your defender: Rasul Jafarov leading human rights defender from Azerbaijan
  8. UNICEFUNICEF Hosts MEPs in Jordan Ahead of Brussels Conference on the Future of Syria
  9. Nordic Council of MinistersNordic talks on parental leave at the UN
  10. International Partnership for Human RightsTrial of Chechen prisoner of conscience and human rights activist Oyub Titiev continues.
  11. Nordic Council of MinistersNordic food policy inspires India to be a sustainable superpower
  12. Nordic Council of MinistersMilestone for Nordic-Baltic e-ID

Join EUobserver

Support quality EU news

Join us