Ombudsman Budapest

The role of the European
Ombudsman
Presentation to the CEE Bankwatch
conference on accountability
mechanisms for environmental
protection and human rights in IFI and
EU funded projects, Budapest,
18 November 2010
European Ombudsman
What is an ombudsman?
An external mechanism
which is independent and impartial
with power to investigate and report
on complaints against public authorities.
No power to make legally binding decisions
European Ombudsman
The role of the European Ombudsman
18 November 2010
The European Ombudsman
Established by Maastricht
Treaty in 1993
The European Parliament

elects the Ombudsman
European Ombudsman
18 November 2010
European Ombudsman
P. Nikiforos Diamandouros
Reporting and
independence
Annual and special reports

are presented to the
European Parliament
The Ombudsman shall be completely

independent in the performance of his duties. In
the performance of those duties he shall neither
seek nor take instructions from any
Government, institution, body, office or entity
European Ombudsman
18 November 2010
Investigations
Investigates maladministration at the European

Union level (institutions, bodies, offices and agencies)
Aims to achieve win-win outcomes
Cannot deal with matters that are, or have been,

before a court
European Ombudsman
18 November 2010
Who may complain?
Any citizen of the Union or any natural or legal person

residing or having its registered office in a Member
State
No requirement to be personally affected: public
interest complaints are possible
The Ombudsman may also investigate on his own
initiative
European Ombudsman
18 November 2010
The Ombudsmans powers
Access to all documents
Officials must answer questions
Recommendations
Special reports to the European Parliament
European Ombudsman
18 November 2010
Maladministration
Failure to comply with:
the law
human rights, or the

Charter of
Fundamental Rights
of the EU
European Ombudsman
18 November 2010
Maladministration
principles of good
administration
European Ombudsman
18 November 2010
10
Subjects of
complaint
Lack of transparency,
especially refusal of
access to documents
and information
Granadilla case
European Ombudsman
18 November 2010
11
subjects of complaint (2)
Problems in the policy-making process: consultation,

participation, ethical issues
Register of lobbyists case (ongoing)

Nike case
European Ombudsman
18 November 2010
12
subjects of complaint (3)
The European Commission's role as guardian of the

Treaties
Vienna airport case
Malagrotta Landfill case
The EU Pilot scheme
European Ombudsman
18 November 2010
13
The Ombudsman and the EIB
The Barcelona TGV case
the Ombudsman concludes that, when granting a

loan, it appears to be the EIB's responsibility to check
whether a proper EIA has been carried out for the
project.
Draft Recommendation
European Ombudsman
18 November 2010
14
The Memorandum of
Understanding
Memorandum
of
Understanding
(MoU) agreed on
9 July 2008
The
MoU
from non-citizens
formalises the
residing outside the
Ombudsmans use EU
of the own-initiative
power to deal
with complaints
European Ombudsman
18 November 2010
15
Main points of the MoU
EIB should inform the public about the policies,

standards and procedures applicable to the
environmental, social and developmental aspects of its
work
EIB implements an effective internal complaints

mechanism
European Ombudsman
18 November 2010
16
Main points of the MoU (continued)
Complainants should use the internal complaints

mechanism first
In relation to environmental, social or developmental

issues, the Ombudsman can review the judgment of
the EIB.
European Ombudsman
18 November 2010
17
First experiences with the MoU
First case dealt with by the Ombudsman under the

MoU: Access to Framework Agreement with Republic
of Tajikistan (Case 2145/2009/RT)
Gazela Bridge case
European Ombudsman
18 November 2010
18
European Network of Ombudsmen

European Ombudsman
18 November 2010
19
Co-operation through the Network
Mutual transfer of cases
Queries about EU law
Information on infringement cases
European Ombudsman
18 November 2010
20
http://www.ombudsman.europa.eu
European Ombudsman

Ombudsman Budapest

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The role of the European

which is independent and impartial

with power to investigate and report

on complaints against public authorities.

No power to make legally binding decisions

The European Ombudsman

The European Parliament

Annual and special reports

The Ombudsman shall be completely

Investigates maladministration at the European

Aims to achieve win-win outcomes

Cannot deal with matters that are, or have been,

Who may complain?

Any citizen of the Union or any natural or legal person

The Ombudsmans powers

Access to all documents

Officials must answer questions

Special reports to the European Parliament

Failure to comply with:

human rights, or the

subjects of complaint (2)

Problems in the policy-making process: consultation,

Register of lobbyists case (ongoing)

subjects of complaint (3)

The European Commission's role as guardian of the

The Ombudsman and the EIB

The Barcelona TGV case

the Ombudsman concludes that, when granting a

Main points of the MoU

EIB should inform the public about the policies,

EIB implements an effective internal complaints

Main points of the MoU (continued)

Complainants should use the internal complaints

In relation to environmental, social or developmental

First experiences with the MoU

First case dealt with by the Ombudsman under the

Gazela Bridge case

European Network of Ombudsmen

Co-operation through the Network

Mutual transfer of cases

Queries about EU law

Information on infringement cases

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