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
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The European Ombudsman

Established by Maastricht
Treaty in 1993

The European Parliament
elects the Ombudsman
European Ombudsman
The role of the European Ombudsman
18 November 2010
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European Ombudsman
The role of the European Ombudsman
P. Nikiforos Diamandouros
4
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
The role of the European Ombudsman
18 November 2010
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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
The role of the European Ombudsman
18 November 2010
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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
The role of the European Ombudsman
18 November 2010
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The Ombudsman’s powers

Access to all documents

Officials must answer questions

Recommendations

Special reports to the European Parliament
European Ombudsman
The role of the European Ombudsman
18 November 2010
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Maladministration

Failure to comply with:

the law

human rights, or the
Charter of
Fundamental Rights
of the EU
European Ombudsman
The role of the European Ombudsman
18 November 2010
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Maladministration

… principles of good
administration
European Ombudsman
The role of the European Ombudsman
18 November 2010
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Subjects of
complaint

Lack of transparency,
especially refusal of
access to documents
and information
Granadilla case
European Ombudsman
The role of the European Ombudsman
18 November 2010
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… subjects of complaint (2)

Problems in the policy-making process: consultation,
participation, ethical issues


Register of lobbyists case (ongoing)
Nike case
European Ombudsman
The role of the European Ombudsman
18 November 2010
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… 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
The role of the European Ombudsman
18 November 2010
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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
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The role of the European Ombudsman
18 November 2010
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The Memorandum of
Understanding
 Memorandum
of
Understanding
(MoU) agreed on
9 July 2008
 The
MoU
from non-citizens
formalises the
residing outside the
Ombudsman’s use EU
of the own-initiative
power to deal
with complaints
European Ombudsman
The role of the European Ombudsman
18 November 2010
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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
The role of the European Ombudsman
18 November 2010
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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
The role of the European Ombudsman
18 November 2010
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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
The role of the European Ombudsman
18 November 2010
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European Network of Ombudsmen
European Ombudsman
The role of the European Ombudsman
18 November 2010
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Co-operation through the Network

Mutual transfer of cases

Queries about EU law

Information on infringement cases
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The role of the European Ombudsman
18 November 2010
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http://www.ombudsman.europa.eu
European Ombudsman