The EU Ombudsman last year received a total of 26 complaints from Maltese citizens according to the annual report released in Brussels.

Although 26 complaints out of a total of 3,211 do not seem a lot, when compared with the size of the populations in EU states it emerges that the Maltese are the second largest group of EU citizens resorting to the EU Ombudsman after the Luxembourgers.

In terms of numbers, Germany had the greatest number of complaints (16 per cent), followed by Spain (11 per cent), France (eight per cent) and Poland (seven per cent).

The Ombudsman's annual report highlights the 2005 case of an unnamed Maltese citizen who complained on alleged leaks by the Commission to The Times and to The Malta Independent on Sunday and the publication of the names of the candidates for the post of head of the European Commission Representation Office in Malta, now occupied by Joanna Drake.

The complainant, which the report indicates was one of the candidates, asked the Ombudsman to investigate the European Commission as s/he considered that leaks of the candidates' names to the media constituted a breach of trust and of Regulation 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The Commission dismissed the allegation.

In reply to the Ombudsman's request, the Commission stated that no objective evidence had been found that would enable it to identify the source of the leaked data. It added that an exhaustive list of persons having access to the information on which the media articles were based could not be established because of the many recipients of the file containing the applications for the post, the numerous secretariats and staff involved and the potential number of people with access to the electronic data in question.

During a news conference at the European Parliament, EU Ombudsman Nikiforos Diamandouros said that last year a record number of inquiries (28 per cent) had to do with lack of transparency in the EU institutions, including the refusal of information or documents.

"Complaints concerning lack of transparency are an opportunity for EU institutions and bodies to demonstrate their willingness to be as open and accountable as possible.

I hope that the Commission's proposals for reform of the legislation on public access to documents will contribute to realising this important goal," he said.

According to the EU Ombudsman, in almost 70 per cent of cases filed in 2007 his office was able to help the complainant by opening an inquiry into the case, transferring it to a competent body or giving advice on where to go. The Ombudsman closed a record number of inquiries (348 inquiries), representing a 40 per cent increase compared to 2006.

After his intervention, the EU administration settled bills, paid interest, released documents, remedied injustices and put an end to discrimination, Mr Diamandouros said.

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