european ombudsman the role of the european ombudsman presentation to the cee bankwatch conference...

European Ombudsman

The role of the European OmbudsmanPresentation to the CEE Bankwatch conference on accountability mechanisms for environmental protection and human rights in IFI and

EU funded projects, Budapest,

18 November 2010

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European Ombudsman

18 November 2010The role of the 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

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European Ombudsman

18 November 2010The role of the European Ombudsman

The European Ombudsman

Established by Maastricht Treaty in 1993

The European Parliament elects the Ombudsman

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European Ombudsman

18 November 2010The role of the European OmbudsmanP. Nikiforos Diamandouros

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European Ombudsman

18 November 2010The role of the European Ombudsman

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”

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European Ombudsman

18 November 2010The role of the European Ombudsman

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

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European Ombudsman

18 November 2010The role of the European Ombudsman

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

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European Ombudsman

18 November 2010The role of the European Ombudsman

The Ombudsman’s powers

Access to all documents

Officials must answer questions

Recommendations

Special reports to the European Parliament

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European Ombudsman

18 November 2010The role of the European Ombudsman

Maladministration

Failure to comply with:

the law

human rights, or the Charter of Fundamental Rights of the EU

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European Ombudsman

18 November 2010The role of the European Ombudsman

Maladministration

… principles of good administration

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European Ombudsman

18 November 2010The role of the European Ombudsman

Subjects of complaint Lack of transparency,

especially refusal of access to documents and information

Granadilla case

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European Ombudsman

18 November 2010The role of the European Ombudsman

… subjects of complaint (2)

Problems in the policy-making process: consultation, participation, ethical issues

Register of lobbyists case (ongoing) Nike case

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European Ombudsman

18 November 2010The role of the European Ombudsman

… subjects of complaint (3)

The European Commission's role as “guardian of the Treaties” Vienna airport case Malagrotta Landfill case The EU Pilot scheme

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European Ombudsman

18 November 2010The role of the European Ombudsman

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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European Ombudsman

18 November 2010The role of the European Ombudsman

The Memorandum of Understanding

Memorandum of Understanding (MoU) agreed on 9 July 2008

The MoU formalises the Ombudsman’s use of the own-initiative power to deal with complaints

from non-citizens residing outside the EU

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European Ombudsman

18 November 2010The role of the European Ombudsman

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

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European Ombudsman

18 November 2010The role of the European Ombudsman

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.

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European Ombudsman

18 November 2010The role of the European Ombudsman

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

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European Ombudsman

18 November 2010The role of the European Ombudsman

European Network of Ombudsmen

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European Ombudsman

18 November 2010The role of the European Ombudsman

Co-operation through the Network

Mutual transfer of cases

Queries about EU law

Information on infringement cases

European Ombudsman

http://www.ombudsman.europa.eu