Une information citoyenne au service d'une identité européenne
Réactions, commentaires et débats avec des invités

Glossaire interactif des termes de l'Espace de liberté, de sécurité et de justice
Observatoire législatif de l’Espace européen de liberté, de sécurité et de justice
Veille juridique et documentaire axée sur la Charte des droits fondamentaux de l’Union européenne
Actualités des grands projets de l'Union européenne
Dossiers documentaires thématiques
Actualités sur le rôle de l'Union européenne dans le monde
Une information citoyenne au service d'une identité européenne

Ombudsman: the champion of citizen’ equity

pdf mise en ligne :27 10 2008 ( NEA say… n° 56 )

COOPERATION POLICIERE > Eurojust

The European Parliament adopted  a report (465-1-7)  on the 2007 annual report of the European Ombudsman's activities. Nikoforos Dianmandouros, the European Ombudsman from April 1, 2003 tok pert in the debate preceding the vote. The report calls for all EU institutions and bodies to be given the necessary budgetary and human resources to ensure that citizens receive prompt and substatives response to their enquiries, complaints and petitions. In general the report considers that Mr Diamandouros has "continued to exercise his powers in an active and balanced way".

The report (Dushana Zdravkova, PPE-DE-BG -465-1-7)stresses the need to further enhance the public profile of the Ombudsman.Although the number of inadmissible receives by the Ombudsman wa lower en 2007 than in 2006, the report calls for a further reduction in the number of complaints which do not fall within the Ombudsman's remit.It considers that high-quality information may help and suggests that a common website be put in place to assist citizens.Similarly, the report welcomes the development of an interactive manual which helps citizens identify the most suitable forum for rresolving their problems. This is a recognition of the fact that citizens are not always able to distinguish between institutions when it comes to filing a complaint or petition.

 

 

The aim of the European Ombudsman is to warrant that the civil rights ratified by communitarian legislation was respected in all member State of European Union. The Ombudsman investigates complaints about maladministration in the activities of Community institutions and bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role. With the approval of the European Parliament, the Ombudsman has defined “maladministration” in a way that requires respect for human rights, for the rule of law and for principles of good administration.

Even if the Ombudsman does not find maladministration, he may identify an opportunity for the institution or body to improve the quality of its administration in the future.

The co-operation of the Community institutions and bodies is essential for success in achieving such outcomes, which help enhance relations between the institutions and citizens.

The European Ombudsman devotes considerable time to meeting with Members and officials of the EU institutions and bodies with a view to promoting a culture of service within the EU administration. These meetings allow the Ombudsman to explain the thinking behind his work and to sensitise Members and officials to the need to respond constructively to complaints.

Since 1 April 2003, promoting good administration has been an absolute priority for the European Ombudsman. It  can finally affirm that last 2007 was  an important year for the European citizens’ right to good administration, in fact the EU institutions and bodies worked hard in 2007 to resolve complaints, remedy injustices and rectify mistakes. It can see a doubling in the number of cases settled by the institution concerned an unprecedented 35% of inquiries were closed after the relevant institution agreed to settle the matter and it could not underestimate the importance of this achievement for complainants, and for citizens more generally.

But there is still work to be done in promoting the principles of good administration within the EU institutions and bodies.

Thanks to an ambitious and carefully targeted information campaign, the number of admissible complaints increased in 2007, and, as a result of the efforts to improve information to citizens about what the European Ombudsman can and cannot do, more citizens than ever were helped to find appropriate means of redress at the national, regional and local levels.

In 2007 the best development was the adoption of the European Network of Ombudsmen Statement. That, which includes the Committee on Petitions, consists of roughly 90 offices in 31 countries and co-operates on a daily basis in case handling, and on a continuing basis in sharing experiences and best practice through seminars and meetings, a regular newsletter, an electronic discussion forum and an electronic daily news service. One of the purposes of the Network is to facilitate the rapid transfer of complaints to the competent ombudsman or similar body. When possible, the Ombudsman transfers cases directly or give suitable advice to the complainant.

If an inquiry leads to a finding of maladministration, the Ombudsman tries to achieve a friendly solution whenever possible. In some cases, a friendly solution can be achieved if the institution or body concerned offers compensation to the complainant. Any such offer is made ex gratia, that is, without admission of legal liability and without creating a legal precedent.

If a friendly solution is not possible or if the search for such a solution is unsuccessful, the Ombudsman either closes the case with a critical remark to the institution or body concerned or makes a draft recommendation. And this critical remark confirms to the complainant that his or her complaint is justified and indicates to the institution or body concerned what it has done wrong, so as to help it avoid maladministration in the future. Finally, if a Community institution or body fails to respond satisfactorily to a draft recommendation, the Ombudsman may send a special report to the European Parliament. This constitutes the Ombudsman’s ultimate weapon and is the last substantive step he takes in dealing with a case, since the adoption of a resolution and the exercise of Parliament’s powers are matters for the latter’s political judgment.

Furthermore it has been developing an interactive guide that will be launched the Ombudsman’s new website. This key feature will help citizens find the most appropriate avenue of redress for their grievances; so it will be possible resolve more promptly and effectively the complaints, thus ensuring that citizens can fully enjoy their rights under EU law. This Ombudsman’s website was regularly updated with decisions, press releases, and details of his communications activities.

 

Lucia Sirignano

University of Naples “L’Orientale” 

  

 Links of reference

- Annual report of European Ombudsman (2007) EN FR 

- Non legislative report of European Parliament EN FR 

- Annual report on European Ombudsman's activities calls for more initiatives to raise citizens' awareness EN FR