[lg policy] EU: Ombudsman criticises Commission's restrictive language policy for public consultations

[Harold Schiffman]

Ombudsman criticises Commission's restrictive language policy for
public consultations


11 October 2012

Ombudsman criticises Commission's restrictive language policy for
public consultations

The European Ombudsman, P. Nikiforos Diamandouros, has criticised the
Commission's refusal to publish public consultations in all 23 EU
languages. This follows a complaint from a Spanish lawyer about many
public consultation documents only being available in English or in a
limited number of EU languages, even if they are intended for the
general public.

Mr Diamandouros stated: "European citizens cannot exercise their right
to participate in the EU's decision-making process effectively if
public consultation documents are not available in all official
languages. The European Parliament recently adopted a Resolution
urging the Commission to review its restrictive language policy to
ensure that citizens' rights are respected. I fully share Parliament's
position."

Citizens cannot participate effectively in a consultation if they do
not understand it

The European Commission regularly carries out public consultations in
order to allow citizens, associations, and other stakeholders to
participate in the EU's decision-making process. All public
consultation documents are listed on its "Your Voice in Europe"
webpage.

In October 2010, a Spanish lawyer turned to the Ombudsman, complaining
that many public consultations are only published in English, for
example, consultations concerning a new partnership to help small and
medium-sized enterprises and concerning the freedom of movement of
workers. The complainant argued that the Commission's language policy
was arbitrary and contrary to the principles of openness, good
administration, and non-discrimination.

The Ombudsman shared the complainant's view that European citizens
cannot be expected to participate in a consultation which they are
unable to understand. According to the Ombudsman, multilingualism is
essential for citizens to exercise their right to participate in the
democratic life of the EU, which is guaranteed by the Lisbon Treaty.
He concluded that the Commission's restrictive language policy
constitutes maladministration and called on the institution to publish
its public consultation documents in all 23 EU languages or to provide
translations upon request.

The Commission refused to accept the Ombudsman's recommendations. It
argued that the principle of multilingualism depends on time
constraints and available resources. According to the Commission,
there is no legal right for citizens to have access to consultation
papers in all EU languages.

Because this issue touches upon an important matter of principle
concerning the democratic functioning of the EU, which is guaranteed
by the Lisbon Treaty, the Ombudsman considered submitting a Special
Report to the European Parliament (EP). However, in June 2012, the EP
adopted a Resolution urging the Commission to review its restrictive
language policy for public consultations. As this Resolution covers
the scope of the Ombudsman's recommendations, a Special Report is
unnecessary.

The Ombudsman's decision is available at:
http://www.ombudsman.europa.eu/en/cases/decision.faces/en/12009/html.bookmark

The European Ombudsman investigates complaints about maladministration
in the EU institutions and bodies. Any EU citizen, resident, or an
enterprise or association in a Member State, can lodge a complaint
with the Ombudsman. The Ombudsman offers a fast, flexible, and free
means of solving problems with the EU administration. For more
information: http://www.ombudsman.europa.eu

http://europa.eu/rapid/press-release_EO-12-17_en.htm

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