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