This document is an excerpt from the EUR-Lex website, European Parliament Decision 94/262/ECSC, EC, Euratom regulations and general conditions governing the performance of the Ombudsmans duties. FRA is in constant contact with the Ombudsman to explore ways of increasing cooperation. Therefore, a recommendation was made that, in the future, the EBA should forbid, with clear criteria, senior staff members moving to certain positions after their term of office and access to confidential information would stop once it was known that a member of staff was taking up another job. For instance, in 2014, the European Ombudsman published, after a formal inquiry, a final decision stating that the Commission's refusal to publish online details of all meetings which its services and its staff have with the tobacco industry constituted maladministration. Search for the contact details of each institution, body or agency. [4] One example of a case dealt with by the Ombudsman involved a late payment from the commission to a German science journalist. Cases already brought before a court and questions on the soundness of a court decision are also outside the Ombudsmans remit. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. The Ombudsman investigates complaints about maladministration in the institutions and bodies of the European Union, including the European Commission, the Council of the EU, the European Parliament, the Committee of Regions, the Economic and Social Committee and all of EU agencies. The Ombudsman is elected by the European Parliament for the duration of the parliamentary term. They may be re-elected. Know your rights. Frontex responded positively to many of these recommendations. It must be lodged within 2 years of the date on which the person making the complaint (the complainant) became aware of the facts. You may fill out the form in any official EU language. [5], According to the Ombudsman's own reports, 58% of complaints in 2011 were related to the European Commission. [17] If no resolution is found neither from the proposed friendly solution, nor from the recommendation, then the European Ombudsman can publish suggestions for improvements, directed to the institution, to address the issue. Plan your visit to a European institution, in person or virtually, and discover first-hand how the EU works. Complaint form for alleged breach of union law by a member state, This site is managed by the Directorate-General for Communication, Complaints about breaches of EU law by Member States, Communication from the Commission EU law: Better results through better application, Aid, Development cooperation, Fundamental rights, Follow the European Commission on social media, describe exactly how you believe that national authorities have infringed Union law, and which is the Union law that you believe they have infringed, give details of any steps you have already taken to obtain redress. The EFSA ended up following the Ombudsman's request to make those declarations public and has a more transparent policy in this area. You can also use Ukrainian and Russian. On the other hand, if the Commission takes a country to the Court of Justice and wins the case, the country will have to take all actions to remedy the violations. The European Ombudsman If you consider that the European Commission has not dealt with your request properly, you may contact the European Ombudsman ( Articles 24 and 228 TFEU ). It concluded that there was significant room for improvement as to how it was handling joint returns of illegal migrants and, in that scope, made detailed recommendations as to how Frontex could improve. The Ombudsman may make further inquiries. It must be written in one of the 24 treaty languages. The committee may ask to hear the nominees. The European Ombudsman investigates complaints from individuals, businesses and organisations about maladministration by EU institutions, bodies and agencies. Got a question for the EU? The European Ombudsman has defended that EU administration must comply with gold standards when it comes to ethical behaviour.[8]. The European Network of Ombudsmen consists of over 95 offices in 36 European countries. Write to "European Commission" via Messenger, Find an EU centre near you to meet, ask, discuss about the EU. You can find out more about petitions to the European Parliament on theEU citizenship and free movement website. The Ombudsman sends that opinion to the complainant who may submit comments within a specified time limit (normally no more than 1 month). If the outcome of this complaint is not satisfactory, the citizen can then escalate the concern to the European Ombudsman. The European Ombudsman appoints the head of the secretariat. BELGIUM. The European Parliament. She has promoted transparency in the EU decision-making process and notably in trilogues and in the Council of the European Union, as well as in relation to lobbying, expert groups, conflicts of interest, revolving doors, EU agencies (such as the European Border and Coast Guard Agency, Frontex), and international negotiations (such as the Transatlantic Trade and Investment Partnership). Own-initiative inquiries focus in particular on repeated, systemic or particularly serious instances of maladministration as a matter of public interest, and may be followed by best-practice proposals. Use this search tool to find social media accounts with EU input. Meet the conditions required for the exercise of the highest judicial office in their country or have the acknowledged competence and qualifications to undertake the duties of the European Ombudsman; Have not been members of national governments or members of the European Parliament, the European Council or the European Commission within the two years preceding the date of publication of the call for nominations. Regulation (EU, Euratom) 2021/1163 of the European Parliament of 24 June 2021 laying down the regulations and general conditions governing the performance of the Ombudsman's duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom (OJ L 253, 16.7.2021, pp. Consolidated version of the Treaty on the Functioning of the European Union Part Six Institutional and financial provisions Title I Institutional provisions Chapter 1 The institutions Section 1 The European Parliament Article 228 (ex Article 195 TEC) (OJ C 202, 7.6.2016, pp. Nominations must have the support of at least40 Members of the European Parliament from at least two Member States. may not engage in any other political or administrative duties or occupation, paid or otherwise, during the term of office; has the same pay, allowances and pension as a judge at the Court of Justice; has an adequate budget and secretariat to ensure its independence and carry out its duties; The regulation revising the European Ombudsmans statute codifies many of its existing working practices. The Ombudsmans main objective is to support the EU institutions in becoming more effective, transparent and accountable. During the term of the mandate, the Ombudsman cannot hold any other political or administrative post, whether paid or unpaid. This consolidated version is for reference only. 4 - Prohibition of torture and inhuman or degrading treatment or punishment, 9 - Right to marry and right to found a family, 10 - Freedom of thought, conscience and religion, 11 - Freedom of expression and information, 12 - Freedom of assembly and of association, 15 - Freedom to choose an occupation and right to engage in work, 19 - Protection in the event of removal, expulsion or extradition, 22 - Cultural, religious and linguistic diversity, 26 - Integration of persons with disabilities, 27 - Workers' right to information and consultation within the undertaking, 28 - Right of collective bargaining and action, 29 - Right of access to placement services, 30 - Protection in the event of unjustified dismissal, 32 - Prohibition of child labour and protection of young people at work, 34 - Social security and social assistance, 36 - Access to services of general economic interest, 39 - Right to vote and to stand as a candidate at elections to the European Parliament, 40 - Right to vote and to stand as a candidate at municipal elections, 45 - Freedom of movement and of residence, 47 - Right to an effective remedy and to a fair trial, 48 - Presumption of innocence and right of defence, 49 - Principles of legality and proportionality of criminal offences and penalties, 50 - Right not to be tried or punished twice in criminal proceedings for the same criminal offence, EU Fundamental Rights Information System - EFRIS, Promising practices: equality data collection, Civil society and the Fundamental Rights Platform, NHRIs, Equality Bodies and Ombudsperson Institutions, UN, OSCE and other international organisations, From institutions to community living for persons with disabilities: perspectives from the ground, Second European Union Minorities and Discrimination Survey Main results, Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Muslims, Together in the EU: Promoting the participation of migrants and their descendants, Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Roma, Child-friendly justice perspectives and experiences of professionals: Press pack, Jewish peoples experiences and perceptions of hate crime, discrimination and antisemitism, Child-friendly justice perspectives and experiences of children, Justice, victims rights and judicial cooperation. She has worked to improve the rules on whistleblowing, on the European Citizens Initiative and on disabilities. This counts to justify the significant difference in percentage of opened inquiries compared to the number of complaints submitted. The European Ombudsman is an independent and impartial body that holds the EUs institutions and bodies to account, as well as promoting good administration. A key part of European Ombudsman work is to ensure that EU institutions respect fundamental rights. The regulation represents a special type of legislative process where the European Parliament has the direct right of legislative initiative, the Council gives its consent and the Commission its opinion. However, Frontex did not follow the recommendation concerning that Fundamental Rights Officer should deal with complaints. The Commission explained the delay, paid interest and accelerated future payments to experts. The powers of the European Ombudsman, albeit limited, provide them the opportunity to combine the instruments of parliamentary scrutiny and judicial control in an original way[12]. See how to call, write to or meet us. The European Ombudsman works to promote good administration at EU level. The European Ombudsman conducts inquiries into cases of maladministration by European Union institutions, bodies, offices and agencies, acting on their own initiative or on the basis of complaints from EU citizens, or any natural or legal person residing or having their registered office in a Member State. The office of European Ombudsman was originally established by the Treaty on European Union (1992) and its current legal basis is Article 228 of the Treaty on the Functioning of the European Union. 110). The European Ombudsman deals with cases of maladministration by European Union institutions, bodies, offices or agencies. Find out more about the Agency and its work here. The person bringing the complaint must do so within 2 years of being aware of the grounds on which it is based and must have already approached the relevant organisation about the facts involved. The European Ombudsman is a redress mechanism for those seeking access to EU documents. Regulation (EU, Euratom) 2021/1163 of the European Parliament. The high number of maladministration complaints made to European Ombudsman in parallel with the literature support, shows that the ombudsman is an important platform protecting the rights of citizens and promoting democratic values at the EU level.[20]. Complaints in the gambling sector can be handled more efficiently by national courts than by the Commission. (CoE) Ireland: Secure dignified accommodation for all refugees and asylum seekers through a government-wide approach, Las personas vulnerables ocupan ms de la mitad de las actuaciones del Defensor del Pueblo andaluz en 2022. You can complete and submit theonline complaint form. 1. At any time, you may give the European Commission additional material about your complaint or ask to meet representatives of the European Commission. Visits of the European Ombudsman organised by the ombudsmen in the Member States and accession countries have also proved highly effective in developing the Network. 1-10). Report. Information on Commission decisions on infringement cases is published here. The European Commission will invite you to resubmit your complaint in case you have not used the standard complaint form. 7 of FRA's founding regulation calls on the agency to cooperate with relevant Community bodies. To seek compensation, complainants must still take their case to a national court within the time limit set out in national law. Within the following 12 months, the European Commission will assess your complaint and aim to decide whether to initiate a formal infringement procedure against the countryin question. The institution receiving the greatest number of inquiries conducted by the European Ombudsman has been throughout the years the European Commission. The Ombudsman usually conducts inquiries on the basis of complaints but can also take the initiative to start them. 11% related to the European Personnel Selection Office (EPSO) from dissatisfied applicants to the European Civil Service and 4% to the European Parliament. 8 Altmetric Metrics Abstract The right of public access to EU documents was formally established 30 years ago, and given widespread effect through legislation in 2001. v t e The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. Lobbying transparency is one of the main topics of action of the European Ombudsman, through various strategic initiatives, trying to mitigate potential conflicts of interest. @pec.it), but for technical reasons we cannot send replies to a certified email address. Direct access to language menu (press "Enter"), Direct access to search menu (press "Enter"), The European Parliament: Historical background, The European Parliament: organisation and operation, The European Parliament: electoral procedures, European Parliament: relations with the national parliaments, The Court of Justice of the European Union, Competences of the Court of Justice of the European Union, The European Economic and Social Committee, Improve the protection of citizens or any natural or legal person residing or having their registered office in a Member State in connection with cases of maladministration by European Union institutions, bodies, offices or agencies; and. 3 steps to making a complaint to the FSPO How we deal with your complaint Please make sure you include the following details: Complaints to the European Commission go through the following process: Find out more about how the European Commission handles its relations with complainants: Communication from the Commission EU law: Better results through better application. (Article 228 of the Treaty on the Functioning of the EU), Any EU citizen or entity may appeal the Ombudsman to investigate an EU institution on the grounds of maladministration: administrative irregularities, unfairness, discrimination, abuse of power, failure to reply, refusal of information or unnecessary delay. Append an asterisk (, Other sites managed by the Publications Office, , Portal of the Publications Office of the EU, The Ombudsman has a specific legal status in the treaties (. The European Ombudsmans inquiries concerning the CJEU relate only to its non-judicial activities, for example tenders, contracts and staff cases; Complaints against local, regional or national authorities, even when these complaints refer to matters connected to the European Union; Actions by national courts or ombudsmen: the European Ombudsman does not serve as a court of appeal against decisions taken by these bodies; Any cases which have not previously been through the appropriate administrative procedures within the organisations concerned; Complaints against individual EU officials in relation to their conduct. A Memorandum of Understanding (MoU) signed between the EIB and the European Ombudsman in 2008 sets the scene for the two-stage complaints process: the EIB's Complaints Mechanism handles in the first instance the complaints concerning an EIB project, policy or activity. 15-18). Article 228 of the Treaty on the Functioning of the EU, European Centre for Disease Prevention and Control, Association for Financial Markets in Europe, European Securities and Markets Authority, "The EU's 'invisible man' who has power over all our lives", "Report on responses to proposals for friendly solutions and draft recommendationsHow the EU institutions complied with the Ombudsman's suggestions in 2011", "Part Two: Non-Discrimination and Citizenship of the Union", "Decision concerning the European Commission's compliance with the Tobacco Control Convention (852/2014/LP)", "Looking Back the Impact of the European Ombudsman in 2020", "The European Ombudsman in the Framework of the European Union", "Regulation (EU, Euratom) 2021/1163 of the European Parliament of 24 June 2021 laying down the regulations and general conditions governing the performance of the Ombudsman's duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom", "Putting it Right? Don't forget to give your feedback! The main mission guiding the European Ombudsman's work is the right to good administration that is recognized as a human right in the EU. cooperates with national and EU authorities in carrying out their duties. In 2020 for example, 210 inquiries opened concerned the European Commission, compared to 30 concerning the European Personnel Selection Office, 14 the European External Action Service, 12 the European Anti-Fraud Office, 11 the European Parliament, 9 the European Central Bank, 9 the European Investment Bank, 34 for EU agencies and 41 to all other organisms. You should therefore provide a standard email address and/or postal address in the complaint form, so that we can reply to you. Finally, the European Ombudsman informs the complainant of the result of the inquiry, the opinion delivered by the institution or body concerned and any personal recommendations. [1], The Ombudsman has no binding powers to compel compliance with their rulings, but the overall level of compliance is high. complaints against national, regional, or local authorities in Member States, even when the complaints are related to EU matters; the activities of national courts or ombudsmen; complaints against businesses or private individuals. Do you want to help improving EUR-Lex ? The current Ombudsman is Emily O'Reilly. This is why Article228 TFEU is cited in Chapter1, which deals with the European Parliament. The European Ombudsman complements the work of the courts, as it offers an alternative way for citizens to resolve disputes with the EU administration, without incurring in costs such as lawyers or fees. The Ombudsman may conduct inquiries either on its own initiative or following a complaint, while informing the relevant institution. How the EU institutions responded to the Ombudsman in 2019", "Putting it Right? The Ombudsman helps people, businesses and organisations facing problems with the EUs administration by investigating complaints about maladministration by EU institutions and bodies, but also by proactively looking into broader systemic issues. Procedure At the start of each parliamentary term or in the event of the death, resignation or dismissal of the European Ombudsman, the President of the European Parliament calls for nominations for the office of European Ombudsman and sets a time limit for their submission. They are mainly related to the refusal of EU institution(s) to grant documents upon a citizen's request. For instance, in case 693/2011/RA, following European Medicines Agency (EMA)'s refusal to grant public access to clinical studies carried out on a multiple sclerosis drug, the Ombudsman made a friendly solution proposal on it with some detailed suggestions for the particular case, trying to achieve the transparency the complainant was requesting. Most scholars note that the European Ombudsman has been effective in promoting good governance in the EU. You can report fraud involving EU funding/EU staff to OLAF. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. The Commission did not consider it a priority to use its enforcement powers to promote an EU Single Market in the area of online gambling services. The Ombudsman helps people, businesses and organisations facing problems with the EU's administration by investigating complaints about maladministration by EU institutions and bodies . Art. The Ombudsman may act either on their own initiative or following a complaint. Do you want to help improving EUR-Lex ? - Case 860/2018/THH: positive cooperation following European Food Safety Authority's refusal to grant public access to declarations of interest of middle management staff. Nikiforos Diamandouros was European Ombudsman from April2003 to 14March2013, when he resigned with effect from 1October2013. Only the Court of Justice, the Court of First Instance and the Civil Service Tribunal, acting in their judicial role, are beyond his jurisdiction. Although entirely independent in the exercise of their duties, the European Ombudsman is a parliamentary ombudsman. EMA positively received this and fully accepted the friendly solution proposal by European Ombudsman. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, pp. Such recommendations are published in the Ombudsman's website, creating therefore some publicity and raising public attention to the maladministration identified. The European Ombudsman is elected by the European Parliament after each European election for the duration of its legislature. For instance, in 2017, the Commission closed infringement procedures and complaints in the area of gambling. The first European Ombudsman, Jacob Sderman, served two terms of office, from July1995 to 31March2003. The European Network of Ombudsmen consists of over 95 offices in 36 European countries. This contains an assessment of compliance with recommendations, proposals for solutions and improvement, and details of cases involving harassment, whistleblowing and conflicts of interest. These may be lodged by citizens or residents of EU countries or by EU-based associations or businesses. Today, the EU Ombudsman released its final decision, criticising the European Commissions methods in approving active substances used in pesticides. Consolidated text: Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community. Specific privacy statement - Handling complaints about the application of EU law. If your complaint is about the action of a private individual or body (unless you can show that national authorities are somehow involved), you have to try to solve it at national level (courts or other ways of settling disputes). On another occasion, following a complaint from a Hungarian, EPSO agreed to clarify information in recruitment competition notices concerning eligibility and pre-selection tests. [26] European Ombudsman opened an inquiry after the ex-executive director of the European Banking Authority moved to the position of CEO of the Association for Financial Markets in Europe. The Ombudsman helps people, businesses and organisations facing problems with the EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. During his term, the Code of Good Administrative Behaviour was approved by the European Parliament (in2001). The European Ombudsman may find maladministration if an institution fails to respect: The European Ombudsmans inquiries mainly concern: Around one third of the inquiries the European Ombudsman carries out every year concern a lack of or refusal to provide information. The Ombudsman investigates complaints about maladministration in the institutions and bodies of the European Union, including the European Commission, the Council of the EU, the European Parliament, the Committee of Regions, the Economic and Social Committee and all of EU agencies. The Network includes the national and regional ombudsmen and similar bodies of the Member States of the European Union, the candidate countries for EU membership, and other European Economic Area countries, as well as the European Ombudsman and the Committee on Petitions of the European Parliament. The advice given in this interactive guide is for guidance only. [27], Transparency in the right of accessing EU documents, Advice, complaints, and inquiries throughout the years, European Ombudsman's responsiveness to complaints, Cooperation and acceptance by EU institutions. If appropriate, the European Ombudsman may also inform the EU institution to which the official or member of staff is answerable. The Ombudsman can open an investigation on her own initiative or following a complaint, if an EU institution or body fails to respect: Any EU citizen, resident or enterprise or association in an EU Member State can lodge a complaint with the Ombudsman about maladministration. It must relate solely to a case of maladministration on the part of an EU institution or body. - Case 2168/2019/KR:[25] Revolving doors. On 11July2006, he submitted a proposal on adjustments to the European Ombudsmans Statute, which was supported by the European Parliaments Committee on Petitions, by the European Parliament and by the Council of the European Union. Thereby enhance openness and democratic accountability in the decision-making and administration of the EUs institutions. If the institution does not agree to the proposed recommendations, the Ombudsman may not impose a solution but is able to submit a report on the question to the European Parliament so that it can take the appropriate measures. Nominations are submitted to the European Parliaments Committee on Petitions, which considers their admissibility. In recent years Ombudsman institutions across Europe have increasingly encountered threats to their effectiveness and independence. The European Commission will confirm to you that it has received your complaint within 15 working days. The European Ombudsman can also cooperate with their counterparts in the Member States, subject to the provisions of the national law concerned. Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsmans duties (OJ L 113, 4.5.1994, pp. The Ombudsman may question EU officials on facts involving an ongoing inquiry. Complaints from EU staff must exhaust all internal administrative procedures before being referred to the Ombudsman. The Network includes the national and regional ombudsmen and similar bodies of the Member States of the European Union, the candidate countries for EU membership, and other European Economic Area countries, as well as the European Ombudsman and the Committee on Petitions . A complaint to the Ombudsman must meet the following conditions. The Ombudsman may close the case with a report containing draft recommendations to the institution or body concerned which is then sent to the complainant and the institution or body concerned. The European Ombudsman (EO) established by the Treaty of Maastrichtwas in 1992. This site is managed by Directorate-General for Communication and is an official website of the European Union, Latest news from EU institutions and bodies, Contact details: institutions, bodies and agencies, Court of Justice of the European Union (CJEU), European Economic and Social Committee (EESC), European Data Protection Supervisor (EDPS), Publications Office of the European Union, in any EU language or Ukrainian or Russian. If you are still unsure about where to turn with your complaint, or if, despite the advice given you believe that the matter about which you wish to complain could be dealt with at the European level, please feel free to contact the European Ombudsman. Taking up a breach of EU law with national bodies or authorities is often the quickest and most effective way to resolve an issue. This is a list of experimental features that you can enable. The European Ombudsman is elected by the European Parliament. Justice, victims rights and judicial cooperation, Irregular migration, return and immigration detention, Data protection, privacy and new technologies, Support for human rights systems and defenders. European Ombudsman can conduct inquiries following a complaint received and conduct inquiries on its own initiative. If the European Commission thinks that your problem could be solved more effectively by any of the available informal or out-of-court problem-solving services, it may propose to you that your file be transferred to those services. you can lodge a complaint with the European Commission. Complaints can be sent to the following address: European Commission [2] In 2011, the overall rate of compliance by the EU institutions with their suggestions was 82%. : +359 2 81 06 955 Fax: +359 2 81 06 963 http://www.ombudsman.bg Czech Republic In 2011 2,510 complaints were received and 396 investigations were opened. The European Ombudsman. Public authorities and national courts are the main players responsible for applying EU law. nfiinare: 1995 Sediu: Strasbourg (Frana) Site: Ombudsmanul European Ombudsmanul European investigheaz plngerile cu privire la cazuri de administrare defectuoas de ctre instituiile i organismele UE. The Ombudsman considered[9] that as the Presidency is part of the Council, its activities are likely to be perceived by the wider European public as being linked to the Council of the EU as a whole and might entail reputational risks. Institutions and bodies, which must comply and provide access to the files concerned, unless they are unable to do so on duly substantiated grounds of secrecy; Officials and other staff of said institutions and bodies, who are required to testify at the request of the European Ombudsman, although continuing to be bound by the rules to which they are subject; The Member States authorities, which must comply unless such disclosure is prohibited by law or regulation. a. 401402). EU institutions, bodies, offices and agencies and relevant national authorities must provide the Ombudsman, without delay, any information requested in an inquiry. You can contact the European Commission about any measure (law, regulation or administrative action), absence of measure or practice by a country of the European Union that you think is against Union law. You must submit your complaint via the standard complaint form, which will make it easier for us to understand your problem. This right is enshrined in article 43 of the Charter of . Should the Commission contact the authorities of the country against which you have made your complaint, it will not disclose your identity unless you have given your express permission to do so. She has enhanced the visibility of the European Ombudsmans role by focusing on the most relevant issues for EU citizens, by ensuring that the EU delivers the highest standards of administration, transparency and ethics. Video transcript Inquiry updates Thursday | 01 June 2023 The information, which is subject to professional secrecy, covers all physical and electronic documents, including. The institution or body concerned then has 3 months to send the Ombudsman a detailed opinion which may, for example, list the measures taken to implement the draft recommendations. Report. If the institution does not accept the proposed recommendations, the European Ombudsman can draw up a special report for submission to the European Parliament. The Commission sometimes receives several complaints on the same subject against the same Member State (so-called multiple complaints). The European Ombudsman is an independent and impartial body that holds the EU's institutions and bodies to account, as well as promoting good administration. The European Commission can only take up your complaint if it is about a breach of Union law byauthoritiesin an EU country. This is a list of experimental features that you can enable. The European Ombudsman also coordinates the European Network of Ombudsmen and since2017 has handed out the Award for Good Administration once every two years. [7], Ethic issues related complaints to European Ombudsman can go from conflicts of interest to revolving doors situations, where someone working in the private sector moves to closely links jobs in the public jobs or vice versa. The Ombudsman dismisses complaints that are beyond its remit or that are manifestly unfounded and informs the institution concerned when it declares a complaint admissible. In 2020, the European Ombudsman processed 1,400 complaints outside its scope of competence. Started from a complaint NGO who raised the concern of the Romanian EU Presidency receiving sponsorship by a major soft drinks company in the context of the Presidency. In such cases, if effective legal protection is available, the Commission will, as a general rule, direct complainants to the national level (see Communication on the handling of relations with the complainant in respect of the application of Union law). : +33 3 88 17 23 13 Visitor address Strasbourg Btiment Vclav Havel (HAV) Alle Spach F-67000 Strasbourg + Leaflet | Open Street Map Brussels Btiment Froissart (FRS) 87 rue Froissart It must be the last resort before submitting a complaint, the complainant must have taken the relevant administrative steps with the institution(s) concerned. The statute was amended to strengthen and clarify the role of the European Ombudsman, for instance in terms of access to documents and notification of information to OLAF when it might fall within its remit. Emily OReilly, the current Ombudsman, has held the position since 1 October 2013. Contact details for the European Ombudsman, who investigates complaints about misadministration in the institutions and bodies of the European Union 1 Avenue du Prsident Robert Shuman, CS. ex-MEPs cooling off period) - the transparency of the reform process. With the public administration reforms, the "right to good administration", which should be recognized as a . In these reports, it has repeatedly expressed full support for the work of the European Ombudsman and emphasised that the EU institutions should fully cooperate with it in order to increase the EUs transparency and accountability, notably by implementing its recommendations. The Ombudsman investigates complaints about maladministration by EU institutions and bodies, and also proactively looks into broader systemic issues. The first European Ombudsman, Jacob Sderman, served two terms of office, from July 1995 to 31 March 2003. Out of 119 proposals from the Ombudsman related to corrections the EU institutions should do to improve their administrative practices, 95 were positively received and had an influence on the correction of the maladministration situations detected. European Ombudsman. The Ombudsman is elected for the term of 5 years and the term is renewable. After examining the facts of your complaint, the Commission will decide whether further action should be taken. This site is managed by Directorate-General for Communication and is an official website of the European Union, Latest news from EU institutions and bodies, Contact details: institutions, bodies and agencies, Court of Justice of the European Union (CJEU), European Economic and Social Committee (EESC), European Data Protection Supervisor (EDPS), Publications Office of the European Union. The Office of the European Ombudsman is the independent, impartial and easily accessible control mechanism of the administration of the EUs institutions and bodies. on the annual report on the activities of the European Ombudsman in 2020 (2021/2167(INI))The European Parliament, - having regard to the annual report on the activities of the European Ombudsman in 2020, - having regard to Article 10(3) of the Treaty on European Union (TEU), - having regard to Articles 15, 24(3), 228 and 298(1) of the Treaty . The European Ombudsman was involved in the Transparency Register, which has enabled citizens to know who is trying to influence EU decision-makers. FRA assists the work of the European Ombudsman on request, for example by providing contributions to public consultation launches and by participating in European Ombudsman initiatives. You can submit a petition to the European Parliament about the application of EU law. Other 934, (representing 43,5%) received a response informing the complaint that all advice from European Ombudsman had already been provided. We'll reply in 3 working days (or longer, for more complex questions) in any EU language or Ukrainian or Russian. What we do The European Ombudsman works to promote good administration at EU level. If, in the course of an inquiry, matters of criminal law come to the notice of the Ombudsman, the latter must immediately inform the national authorities, the EU institution responsible for fighting fraud, and, if appropriate, the EU institution or body for which the civil servant or agent in question works. In any case, the European Ombudsman tries to reply to all complaints submitted, even the ones outside the mandate. However, this method is far from being effective to provoke systemic change in the public interest. The Council ended up agreeing to the European Ombudsman consideration and drew guidance for Member States indicating that they would no longer accept sponsorship in the context of their presidencies. [16] If the institution rejects the proposed friendly solution, then the European Ombudsman can proceed to the powers of Article 4 of the Statute and draft recommendations for the institution concerned. However, a few author note that it has had less impact in the field of fundamental rights, subject EU citizens most complain about. The Commission may decide not to open formal infringement procedure, even if it considers that a breach of EU law has occurred. The Ombudsman also submits to the European Parliament an annual report on their activities, including the outcome of their inquiries. D. Activities. This applies in particular to individual cases of incorrect application not raising issues of wider principle, where there is insufficient evidence of a general practice, of a problem of compliance of national legislation with EU law or of a systematic failure to comply with EU law. If the Commission brings the case before the Court of Justice of the European Union, it may take several years for the Court of Justice to hand down its judgment. For this purpose, complying with Article 4(5) of the Statute,[24] the European Ombudsman submits a comprehensive report to the European Parliament at the end of each annual session, with information on the rate of EU institutions compliance with recommendations made by the European Ombudsman. EU institutions and bodies must provide the Ombudsman with all the information that is required and must indicate if any of that information is. If you consider that the European Commission has not dealt with your request properly, you may contact theEuropean Ombudsman(Articles 24 and 228 TFEU). A list of admissible candidates is then put to the vote in the European Parliament. The current Ombudsman, Emily O'Reilly of Ireland, took office on 1 October 2013. European Ombudsman. [3], It is a right of an EU citizen, according to the EU treaties, to take a case to the Ombudsman. Transparency in decision-making and in lobbying/accountability; Good management of EU personnel issues and appointments; Public participation in EU decision-making. How the EU institutions responded to the Ombudsman in 2013", The official website of the European Ombudsman, The European Code of Good Administrative Behaviour, Public service principles for the EU civil service, https://en.wikipedia.org/w/index.php?title=European_Ombudsman&oldid=1153482762, This page was last edited on 6 May 2023, at 17:27. A complaint may be classified as confidential upon request of the complainant or on the initiative of the Ombudsman if the latter considers it to be necessary to protect the interests of the complainant or of a third party. Where the Ombudsman finds maladministration, she refers it to the institution concerned and, where necessary, submits draft recommendations to which the institution must reply within 3 months. [11], In its role as moderator and bridge between citizens and the EU institutions, the European Ombudsman also promotes citizens' participation and involvement in European politics, by, for example, demanding greater transparency so that citizens can follow the proceedings, or by promoting on his own initiative the implementation of more participatory decision-making processes. This specific way of communication allows the Commission to respond swiftly and inform those concerned. Establishment of the European Ombudsman . Use quotation marks to search for an "exact phrase". If you are not an expert in Union law, you may find it difficult to find out exactly which Union law you think has been breached. You will be informed if the assessment takes longer than 12 months. Ian Harden, The European Ombudsman's Role in Promoting Good Governance, in. If it does not, the inquiry is closed and the Ombudsman forwards its report to all concerned. During the term of office, the European Ombudsman must: The European Ombudsman may be dismissed by the Court of Justice of the European Union (CJEU) at the request of the European Parliament if they no longer fulfil the conditions required for the exercise of their duties or are guilty of serious misconduct. The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. Even in such cases, however, the European Ombudsman can obtain the information on the understanding that it will not be passed on. 43-48), Use quotation marks to search for an "exact phrase". The European Ombudsman . The European Ombudsman concluded that the EBA should have forbidden such move of job, given the high risks of conflict of interests. The Court of Justice cannot annul a national provision which is incompatible with European Union law, nor force a national administration to respond to the request of an individual, nor order the country to pay damages to an individual adversely affected by an infringement of European Union law. : +33 3 88 17 23 13 Visitor address Strasbourg Btiment Vclav Havel (HAV) Alle Spach F-67000 Strasbourg + Leaflet | Open Street Map Brussels Btiment Froissart (FRS) 87 rue Froissart B-1000 Bruxelles + must be an EU citizen with full civil and political rights and must not have been a national or European parliamentarian or have served in the. Against this background the Recommendation CM/Rec(2019)6 of the Committee of Ministers to Member States on the development of the Ombudsman institution sets out principles regarding the establishment of an Ombudsman institution, its fundamental characteristics and . On 12February2019, the European Parliament adopted a resolution on a draft regulation proposing an updated statute of the European Ombudsman, with the aim of strengthening its independence and powers. Established by the Maastricht Treaty (1992), the European Ombudsman is a body that aims to: The European Ombudsman must be chosen from persons who: At the start of each parliamentary term or in the event of the death, resignation or dismissal of the European Ombudsman, the President of the European Parliament calls for nominations for the office of European Ombudsman and sets a time limit for their submission. You can get advice quickly and informally from the Your Europe Advice service, in your own language. EN-version Visit our website to learn more: www.ombudsman.europa.eu/en/atyourservice/home.facesOmbudsman: An independent official appointed to represent the . The full list of press contacts and services for all EU institutions, bodies and agencies. The Network was established in 1996 and has steadily developed into a powerful collaboration tool for ombudsmen and their staff, serving as an effective mechanism for co-operation on case handling. It lays down the rules and conditions for the European Ombudsmans work. The national ombudsmen and similar bodies in the Network have each appointed a liaison officer to act as a point of contact for other members of the Network. In case a citizen is prevented from accessing such requested documents, he or she can turn with a complaint to the European Ombudsman to try to achieve a resolution. For example, in 2015 the European Ombudsman conducted an investigation,[10] in collaboration with 19 members of the European Network of Ombudsmen, into the compliance of fundamental rights by Frontex when forcing migrants to return to their home countries. The European Ombudsman has offices in Strasbourg and Brussels. The EU watchdog also recalled the "commitment by the Von der Leyen Commission to take action to reduce by 50% the overall use of - and risk from - chemical pesticides by 2030" [1]. A third case was resolved when the Ombudsman compelled the council to release to the public documents it had previously not acknowledged the existence of. Concept given for situations when staff members of EU institutions rotate from positions from private to public sector and vice versa. You can also use Ukrainian and Russian. If you are not satisfied with the way the EU institutions have treated you, the European Ombudsman may be able to help. FRA assists the work of the European Ombudsman on request, for example by providing contributions to public consultation launches and by participating in European Ombudsman initiatives. The European Ombudsman investigates complaints concerning maladministration in the institutions, bodies, offices and agencies of the European Union. EU affairs Updated: 24-06-2021 - 10:08 Created: 15-06-2021 - 16:08 European Ombudsman Emily O'Reilly during the debate in the Parliament on 9 June Parliament is updating the rules on how the European Ombudsman works to provide a broader mandate for inquiries into poor administration at EU level. The first European Ombudsman, JacobSderman, took office on 1 September 1995, following two decades of debate over the creation of such an EU body. Don't forget to give your feedback! These are known as the Statute of the European Ombudsman. Find contact details of EU offices in Europe and beyond. If the information appears to relate to a matter of criminal law, however, the European Ombudsman immediately notifies the competent national authorities and the European Anti-Fraud Office (OLAF). How to complain about breaches of European Union law and what procedures to follow. Judgments of the Court of Justice differ from those of national courts. This document is an excerpt from the EUR-Lex website. FRA is in constant contact with the Ombudsman to explore ways of increasing cooperation. You have the right (Article 227 TFEU) to submit a petition to the European Parliament about the application of Union law. The European Ombudsman uses this code when investigating whether there has been maladministration, drawing on its provisions in their inquiries. Fundamental rights define minimum standards to ensure everyone is treated with dignity. The European Ombudsman investigates complaints from individuals, businesses and organisations about maladministration by EU institutions, bodies and agencies. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. The Financial Services and Pensions Ombudsman is an independent, impartial, fair and free service that helps resolve complaints from consumers, including small businesses and other organisations, against financial service providers and pension providers. It is also sent to the complainant and to the institution or body concerned. 150151). [21] It is active towards serving the wider public interest and one of its goals is to achieve tangible improvements for complainants and the public vis-a-vis the EU administration[22] On one hand, European Ombudsman is responsive towards complaints from individuals, companies and associations, replying to and resolving complaints related to administration problems in the EU institutions. In such case, the Commission may decide to communicate with the complainants through publications on this website. It also gives the Commission the opportunity to address a potentially wider public interest in the issue raised by the complainants. - Joint cases 488/2018/KR and 514/2018/KR: positive cooperation in the context of an inquiry regarding the appointment of the Commission's Secretary-General (its highest civil servant). Protection from reprisals is given to whistle-blowers who disclose information to the Ombudsman that leads to an inquiry. Using the powers conferred by the Statute of the European Ombudsman,[13] the European Ombudsman can require any institution whose maladministration is in question to provide some information, inspect its files and take testimony from its staff members[14] and it can propose solutions for the case. Type your enquiry below - in any official EU language. The Ombudsman investigates complaints about maladministration by EU institutions and bodies, and also proactively looks into broader systemic issues. After completion of the inquiries, the Ombudsman closes the case with a reasoned decision which may contain critical remarks and informs the complainant and the institution or body concerned. It must be submitted by an EU citizen, a person residing in an EU country or a body such as an NGO, a foundation or a company with a registered office in an EU country (. Whenever it finds a situation of maladministration, the European Ombudsman can make proposals through problem-solving proposals, recommendations and suggestions. This is a procedural code which takes account of the principles of EU administrative law contained in the case law of the CJEU and draws inspiration from national laws. The European Parliament elects (and has the power to dismiss) the Ombudsman, who is eligible for reappointment at the start of the parliamentary term. The regulation is adopted on the basis of Article, The Ombudsman Office was established by the. The Ombudsman acts independently and accepts no instructions from any government or other organisation. If that information is covered by secrecy laws, the Ombudsman must not divulge it further. The European Ombudsman has very close relations with the European Parliament, which has sole power to elect and ask the Court of Justice to dismiss them, lays down rules governing the exercise of their duties, assists with investigations and receives their reports. A large number of the complaints that the European Ombudsman receives in this context are related to problems in the functioning of the European Commission's public consultations, and the European Citizens' Initiative (ECI). Regulation (EU, Euratom) 2021/1163 of the European Parliament of 24 June 2021 laying down the regulations and general conditions governing the performance of the Ombudsmans duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom (OJ L 253, 16.7.2021, pp. If a solution satisfies the complainant and the institution, the case is closed. Administrative steps to submit a complaint to the European Commission Maladministration means, for example, an abuse of power, administrative irregularities, discrimination, etc. [2] In 2011 the UK was responsible for 141 complaints to the Ombudsman, still representing a relatively low ratio of complaints to population. The Ombudsman primarily relies on the power of persuasion and publicity. Wherever possible, the European Ombudsman acts in concert with the institution or body concerned to find a solution satisfactory to the complainant. Data from the 2020 Annual Report[22] shows how responsive the European Ombudsman was in 2020 towards the complaints received by individuals, companies, and associations, including the complaints that were outside its mandate scope (which were more than 1400 in 2020). The procedures for electing and dismissing the European Ombudsman are laid down in Rules231 to233 of the European Parliaments Rules of Procedure. Successive amendments to Decision 94/262/ECSC, EC, Euratom have been incorporated into the basic text. However, the European Union offers resources which may be of use to you. Charter of Fundamental Rights of the European Union Title V Citizens rights Article 41 Right to good administration (OJ C 202, 7.6.2016, pp. 1 . Any EU citizen or natural or legal person residing, or with a registered office, in an EU. Use quotation marks to search for an "exact phrase". 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