The European Ombudsman is an independent and impartial body that holds the European Union’s administration to account. The European Ombudsman investigates complaints about maladministration in the Council, the Parliament and the Commission as well as all other institutions bodies, agencies and offices. Only the European Court of Justice in its judicial role is excluded from its mandate.

History & Appointment
The EU Ombudsman was established in Article 195 of the Maastricht Treaty to investigate maladministration in European institutions and bodies. The Ombudsman began operation in 1995 and its mandate was later expanded to its present form by Article 228 of the Treaty on the Functioning of the European Union (TFEU). The Ombudsman is appointed by the European Parliament after each parliamentary election for five years, which corresponds to the Parliament’s legislative term. Due to the early retirement of P. Nikiforos Diamandouros, the Current Ombudsman Emily O’Reilly was elected as his replacement in 2013. After the election of a new Parliament in 2014, her position was confirmed by its members for their term.

Network of Ombudsmen
A European Network of Ombudsmen exists to serve as an effective mechanism for co-operation on case handling. Many complaints are taken to the European Ombudsman that should be tackled at a national level. The European Ombudsman has no jurisdiction over complaints on national issues even if they have a European dimension. In these cases, the European Ombudsman will refer it to the relevant national Ombudsman without any inconvenience to the complainant.

What is Maladministration?
The term ‘maladministration’ has no official definition in European Law, but it is considered to occur when a public body fails to act in accordance with a rule that binds it. The Ombudsman can find maladministration if an institution fails to respect fundamental rights, legal rules or principles, or the principles of good administration. Generally speaking, the categories of investigation refer to; administrative irregularities; unfairness; discrimination; abuse of power; failure to repay; refusal of information and unnecessary delays.

The Work of the Ombudsman
The Office of the Ombudsman launches investigations in response to complaints or can initiate their own investigations. Any citizen or resident of the EU or any other body with a registered EU office is entitled to make complaints to the Ombudsman. Specific guidelines must be followed in these cases. Contact must be made by the citizen first to the institution that the complaint is about. Complaints to the Ombudsman must be made within two years of the incident and the dispute cannot be on-going in the courts or have already gone through legal proceedings. The office of the Ombudsman also offers an alternative avenue for those who may not have been treated illegally, but feel the treatment of their case/ issue was mismanaged or unfair. Article 41 of the EU charter of Fundamental Rights guarantees the right to good administration. As a result, the Office’s investigation can effectively change the general practice of an institution and improve the quality of service provided to citizens.

The Ombudsman’s broader role is to improve the transparency and accountability of the European Union and make it more accessible to European citizens. Article 42 of the Charter declares the right of public access to documents and this has become the cornerstone of Ombudsman activity. In addition to responding to complaints from individuals, companies, and associations, the Ombudsman works proactively, launching inquiries on its own initiative, meeting with members and officials of the EU institutions, and reaching out to citizens to inform them about their rights and about how to exercise those rights.

Current Ombudsman
Emily O’Reilly became the third person to be appointed to the office of European Ombudsman. She was both the first Irish person and the first woman to hold the position. As Ombudsman, Ms O’ Reilly has stressed that there is a crisis in the political legitimacy of the Union and has pledged her time in office to bridging the perceived gap between the citizen and the European institutions. Ms O’Reilly has made use of the powers of her Office by launching strategic enquires in the public interest. The landmark release of the Transatlantic Trade and Investment Partnership (TTIP) negotiation documents by the European Commission is largely a result of her dedication to the enforcing the transparency of the institutions.

Investigatory Powers
The European Ombudsman has broad powers of investigation. All institutions and bodies must supply any information requested by the Ombudsman. Additionally, Member States must also be co-operative and provide any clarification possible throughout the investigation. The first action taken by the Ombudsman is to inform the institution of the complaint. Ideally, the institution takes action to solve the problem. In instances where this does not happen, a recommendation is then drafted to the institution, calling on it to take the necessary steps to correct the maladministration. If this recommendation is not met with concrete action, then the Ombudsman can make a special report to the European Parliament, who then takes whatever political action is necessary. While the Ombudsman’s office has no binding powers, it has a clear impact on EU bodies and institutions adherence to good administration. 82% of cases have seen the institution concerned comply with the Ombudsman’s recommendations.

For more jargon-free briefings, visit EM Ireland’s Just the Facts webpage.

– The Team at European Movement Ireland