Access to documents: Significant systemic delays and failure by the European Commission to comply with the time limits in the legislation

The significant systemic delays and failure by the European Commission to comply with the time limits in the legislation as regards requests for public access to documents, amount to maladministration.

The European Ombudsman’s own-initiative inquiry looked into how the European Commission deals with requests for public access to documents; in particular, how it complies with the time limits for dealing with requests, which are set out in the EU legislation on public access to documents.

The Ombudsman’s inquiry found that there are systemic and significant delays, particularly in how the Commission deals with requests to review initial decisions on access requests, and that it often fails to meet the time limits set out in the applicable legislation by a considerable amount. 

The Ombudsman has consistently taken the view that ‘access delayed is access denied’, as documents and information sought are often time sensitive and can lose relevance to the requester if delays occur. The significant systemic delays and failure by the Commission to comply with the time limits in the legislation amount to maladministration.

While the Ombudsman acknowledged the difficulties faced by the Commission and some of the steps it has already taken, she made a recommendation to the Commission to correct the current situation as a matter of priority. She also made suggestions to address further issues in how it handles access requests. (source: ombudsman.europa.eu/ photo:freepik.com)

Comments

Post a Comment

Popular posts from this blog

Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

Image
The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
Read more

Annual Report on the execution of the European Court's judgments and decisions

Image
The Secretary General of the Council of Europe, Alain Berset, has called for further efforts to implement judgments from the European Court of Human Rights. Commenting on the  annual report for 2024  on the execution of the Court’s rulings, published today, the Secretary General said: “ This report shows what a concrete, positive impact judgments from the European Court of Human Rights have on the daily lives of the people of Europe. While a lot has been achieved, more needs to be done. The efficient execution of the Court's judgments is essential for the rule of law and democratic accountability in Europe .” The annual report from the Council of Europe’s Committee of Ministers shows that 992 cases were transferred from the European Court of Human Rights to Committee, which supervises their implementation by member states, in 2024. Of those 992 new cases, 194 were “leading” cases – often requiring action to be taken by states to prevent the same violations happ...
Read more

First judgment of the ECHR: Lawless v. Ireland

Image
60 years ago, on 14 November 1960, the Court delivered its first judgment, Lawless v. Ireland, with René Cassin as its President. The judgment concerned preliminary objections and procedural questions regarding the application, on which a judgment on the merits was delivered the following year. Since its inauguration the Court has delivered 23,291 judgments on just over 51,650 applications. The case was filed by Gerard Richard Lawless, who had been an IRA member, although he claimed to have left the IRA. He was arrested on 11 July 1957, as he was about to travel to Great Britain from Ireland, and subsequently detained under the special powers of indefinite detention without trial under the Offences against the State (Amendment) Act 1940. The case was filed by Lawless for violation, by the Irish Government, of Articles 5, 6 and 7 of the European Convention of Human Rights, providing rights to liberty and security, fair trial and the principle of 'no pu...
Read more

Fully-funded PhD position in AI, Law and Public Power

Image
Erasmus University Rotterdam School of Law, department Law & Markets, is looking for a fulltime PhD researcher in AI, Law and Public Power (4,5 years with 20% teaching tasks). PhD AI, Law and Public Power Are you curious about how artificial intelligence is changing state actor powers? Do you want to conduct critical and in-depth legal research at the intersection of technology, law and power? And would you like to combine that with academic teaching? Then this PhD position at Erasmus School of Law is for you. Within the Law & Markets team, you will spend 4.5 years researching the legal regulation of AI in the public sector. How do we protect fundamental rights when algorithms help decide on who receives public benefits, how to perform enforcement or how to enact environmental policy? What is the role of the state, and where is the limit of government power in a data-driven society? You will have plenty of space to choose your own research angle and work in a multidisci...
Read more

Legal research assistant in the United Nations Trade and Development (UNCTAD).

Image
Legal research assistant in the United Nations Trade and Development (UNCTAD). This position is located primarily in the United Nations Trade and Development (UNCTAD). The Internship Programme is unpaid and full-time, i.e., an intern is expected to work five days per week (40 hours).  This internship position is offered on an in-person basis. The internship will be located in the Division on International Trade and Commodities (DITC), Competition and Consumer Policies Branch. The internship will tentatively start on 19 January 2026 for 6 months. For in-person internships, interns must have a valid visa. All costs of travel, accommodation, medical insurance and living expenses must be covered by the intern. Work location: Geneva Expected duration: 19.01.26 -17.07.26 Deadline : Dec 16, 2025 More information and applications here
Read more

An overview of the regulatory framework on Gambling Services in the European Union

Image
written by Efi Thoma * The European Union (EU) does not have a harmonized, single regulatory framework for betting companies. Instead, the regulation of gambling services, including betting, remains largely within the competence of individual Member States.  This results in a diverse and often fragmented legal framework across the EU. While the EU facilitates some level of cooperation and sets overarching principles, the specifics of licensing, operational requirements, and consumer protection measures vary significantly from country to country. Despite the lack of a unified framework, several key principles and EU-level instruments influence the national regulations of betting companies. More specifically, the Treaty on the Functioning of the European Union (TFEU) guarantees the freedom of establishment and the freedom to provide services within the EU. These fundamental freedoms mean that Member States cannot unjustifiably restrict betting companies legally established in ano...
Read more

CJEU Ruling C-57/23: Police May Rely on Internal Rules to Store Suspect Data

Image
Judgment of the Court of Justice in Case C-57/23 (Policejní prezidium): The police of a Member State may decide, on the basis of internal rules, whether it is ecessary to store the biometric and genetic data of a person accused or suspected of a criminal offence.  Where national law sets appropriate time limits for a review of the need to store those data, it does not necessarily need to provide for a maximum period of storage . A Czech public official was interviewed by the police in the context of criminal proceedings involving him. Despite his objections, the police ordered the taking of his fingerprints, the taking of a buccal smear on the basis of which the police established a genetic profile, the taking of photographs and the drawing up of a description of him. That information was entered into various databases.  In 2017, the public official was convicted by final judgment of, inter alia, misconduct in public office. In separate proceedings, he challenged the identific...
Read more