Ombudsman: ECB letter did not suggest changes to Spanish Constitution
The European Ombudsman, P. Nikiforos
Diamandouros, helped the European Central Bank (ECB) to settle a
public access case involving a letter the ECB sent to the Spanish government in
August 2011. A Spanish lawyer asked for access to the letter because he wanted
to know whether the ECB had suggested an amendment of the Spanish Constitution.
When the ECB refused, he complained to the Ombudsman. After inspecting the
letter, the Ombudsman agreed that the ECB should not have to disclose it to the
public. However, with the consent of the ECB, he confirmed to the complainant
that the letter did not suggest any amendments to the Spanish
Constitution.
Refusal to give a Spanish lawyer
access to an ECB letter to the Spanish government was
justified
In September 2011, the Spanish Constitution was amended
with the aim of limiting public debt. Shortly before this amendment, in August
2011, the President of the ECB sent a confidential letter to the Spanish Prime
Minister, expressing the bank's concerns about the extremely difficult situation
of the Spanish economy and the need for swift action.
In September 2011, a Spanish lawyer asked for public
access to this letter. He was particularly interested in whether the ECB
requested an amendment to the Spanish Constitution. The ECB refused access,
arguing that such disclosure would jeopardise the public interest as regards the
economic and monetary policy of the EU or a Member State
During the Ombudsman's investigation, the ECB submitted
a detailed description of the content of the letter and its purpose, as well as
the reasons for its refusal to disclose it. The Ombudsman also inspected the
relevant ECB files and concluded that disclosure of the letter would indeed risk
harming the public interests at stake. However, with the consent of the ECB
President, he confirmed to the complainant that the letter did not suggest any
amendments to the Spanish Constitution. The lawyer was satisfied with this
outcome.
In a further remark, the Ombudsman called on the ECB to
continue to view transparency not only as a legal obligation, but also as an
opportunity to enhance its legitimacy in the eyes of the European
citizens.
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
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