History
The European Ombudsman was established by theAppointment
The European Ombudsman is elected by the European Parliament. The Ombudsman is elected for a renewable term of 5 years. At the request of Parliament, the Ombudsman may be removed by the Court of Justice if "(s)he no longer fulfils the conditions required for the performance of his duties or if (s)he is guilty of serious misconduct".Remit and powers
Any EU citizen or entity may ask the Ombudsman to investigate potential maladministration in an EU institution. Maladministration can include problems such as: administrative irregularities, unfairness, discrimination, abuse of power, failure to reply, refusal to provide information and unnecessary delays. The Ombudsman cannot investigate theCases
It is a right of an EU citizen, according to theMain subjects of action
The main mission guiding the European Ombudsman's work is the "right to good administration" that is recognised as a human right in the EU. The European Ombudsman helps citizens, companies and associations that face problems with EU administration. The main areas of inquiries of the European Ombudsman relate to the transparency of EU administration; transparency and accountability in EU decision-making; lobbying transparency; ethical issues; fundamental rights; recruitment into the EU civil service; and citizen participation in EU decision-making.Transparency and the right of access EU documents
Complaints concerning a lack of transparency are the most common category of complaints received by the European Ombudsman, representing around 30% of complaints. They are mainly related to the refusal of EU institution(s) to grant documents upon a citizen's request. This right of citizens to access EU documents is enshrined in Articles 42 of the Charter of Fundamental Rights of the EU and Article 15 of the Treaty on the Functioning of the European Union. In case a citizen is prevented from accessing the documents they requested, they can turn to the European Ombudsman for help.Lobbying transparency
The European Ombudsman works to ensure that the EU's democratic decision-making process is characterised by the highest transparency standards. Special attention is given to how interest groups engage with and try to influence the EU institutions. Lobbying transparency is one of the main topics of action at the European Ombudsman, and through various strategic initiatives, the Ombudsman tries to mitigate potential conflicts of interest.Ethical issues
Ethics related complaints to the European Ombudsman include potentialFundamental rights
A key part of European Ombudsman work is to ensure that EU institutions respect fundamental rights. For example, the Ombudsman has dealt with inquiries related to the rights of persons with disabilities and the treatment of migrants.Citizen participation
In its role as a moderator and bridge between citizens and the EU institutions, the European Ombudsman also promotes citizens' participation and involvement in European politics by, for example, demanding greater transparency so that citizens can follow the proceedings, or by promoting the implementation of more participatory decision-making processes.European Ombudsman procedures
The European Ombudsman can conduct inquiries following the receipt of a complaint as well as on their own initiative. Using powers conferred by the Statue of the European Ombudsman, the Ombudsman can require the institution concerned to provide information, inspect the document held by the institution and testimony from officials. The European Ombudsman complements the work of the courts, as it offers an alternative way for citizens to resolve disputes with the EU administration, without incurring costs such as lawyers or fees. However, the European Ombudsman has no power to make legally binding decisions, so it can only act as a moderator in disputes. Whenever the Ombudsman finds maladministration, they can make problem-solving proposals, recommendations and suggestions. The main way in which the European Ombudsman tries to a problem is by proposing a solution, that both the complainant and the institution concerned would be willing to accept. This method may result in a quick and positive outcome for the complainant. However, this method is less effective when it comes to driving systemic change in the public interest. If the institution rejects the proposed solution, the European Ombudsman can proceed to the powers of Article 4 of the Statute and draft recommendations for the institution concerned. These recommendations are published on the Ombudsman's website, publicity and raising public attention to the maladministration identified. To address the issue the European Ombudsman can choose to publish suggestions for improvements, for the institution concerned. These public suggestions help identify problems and suggest corrections that can create systemic improvements for the public interest. If, at the end of an investigation, an institution rejects the Ombudsman's final findings or recommendations, the Ombudsman can criticise it publicly, highlighting the importance of the issue, and can also make a special report to the European Parliament. Many of the complaints sent to the European Ombudsman are outside of its mandate. In 2023, the European Ombudsman processed 1,506 outside the mandate complaints. The highest number of out of mandate complaints came from Spain, Poland and Germany. The European Ombudsman tries to reply to all complaints submitted, even the ones outside the mandate. In those cases, the European Ombudsman helps complainants by explaining the Ombudsman's mandate and, advising about other bodies to whom they can direct their complaint. If the complainant agrees, the European Ombudsman can also forward the complaint to members of the European Network of Ombudsmen (ENO).Advice, complaints, and inquiries throughout the years
The high number of maladministration complaints made to European Ombudsman in parallel with recent scholarship , show that "the ombudsman is an important platform protecting the rights of citizens and promoting democratic values at the EU level".Effectiveness, impact, and achievements
Since its inception in 1995, the European Ombudsman has, identified itself as an institution with a "good governance" mission, promoting this cause and its own place within the EU institutional system. It is active towards serving the wider public interest and one of its goals is to achieve "tangible improvements for complainants and the public ''vis-a-vis'' the EU administration" The European Ombudsman is responsive towards complaints from individuals, companies and associations, replying to and resolving complaints related to administration problems in the EU institutions. The European Ombudsman also takes an autonomous and active approach in "helping the institutions to improve the quality of the service they provide" by making problem-solving ''proposals,'' ''recommendations,'' and ''suggestions''. Assessing the European Ombudsman's effectiveness must take into considerationEuropean Ombudsman's responsiveness to complaints
Data from the 2023 Annual Report shows how responsive the European Ombudsman was towards the complaints it received from individuals, companies, and associations, including complaints that were outside its mandate. In 2023, 1,126 complainants (41% of all complaints dealt with during 2023) received advice or found their case transferred to another complaints body. Another 873, (representing 37%) received a response informing the complaint that all advice from the European Ombudsman had already been provided. Finally, 393complaints (16% of all complaints dealt with that year) resulted in the opening of formal inquiries for further analyses.Cooperation and acceptance by EU institutions
The European Ombudsman reports that in 2022, "the EU institutions responded positively to the Ombudsman's proposals (solutions, recommendations, and suggestions) in 81% of instances". Out of 83proposals from the Ombudsman related to corrections the EU institutions should do to improve their administrative practices, 67 were positively received and had an influence on the problems identified.Ombudsmen
See also
*References
External links