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The European Ombudsman and the Aarhus Convention

Learn about the European Ombudsman's role in upholding the Aarhus Convention, investigating complaints against public authorities, and promoting transparency and accountability within the European Union. Explore the Ombudsman's powers, independence, and limitations in ensuring good governance.

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The European Ombudsman and the Aarhus Convention

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  1. The European Ombudsman and the Aarhus Convention Presentation at the 4th meeting of the Aarhus Convention Task Force on Access to Justice, Geneva, 7-8 February 2011

  2. 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

  3. The European Ombudsman • Established by the Maastricht Treaty in 1993 • The European Parliament elects the Ombudsman

  4. P. Nikiforos Diamandouros

  5. 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”

  6. Investigations • Investigates “maladministration” – includes illegality • … at the European Union level (institutions, bodies, offices and agencies) • … with the exception of the Court of Justice in its judicial role • Aims to achieve win-win outcomes • Cannot deal with matters that are, or have been, before a court

  7. Who may complain? • Any citizen of the Union or any natural or legal person residing or having its registered office in a Member State • The Ombudsman may also investigate on his own initiative • 2008 Memorandum of Understandingwith the European Investment Bank: the own-initiative power is used to deal with complaints from non-citizens residing outside the EU • There is no requirement to be personally affected: public interest complaints are possible

  8. The Ombudsman’s powers • To see all the documents • To require officials to answer questions • To make recommendations • To publicise his findings

  9. The Ombudsman and Aarhus • Regulation 1367/2006 (Aarhus Regulation) • Regulation 1049/2001 (The general Regulation on access to documents held by EU institutions) • Commission Decisions 2008/50/EC and 2008/401/EC, Euratom • NB: the Commission's role as “guardian of the Treaties” includes enforcement of Directives 85/337/EEC, 2003/4/EC and 2003/35/EC

  10. Public participation and internal review • No cases yet concerning specifically the Aarhus Regulation or the Commission Decisions. For comparison, see: • Consultation on Citizenship (406/2008) • Roaming services (3617/2006) • European Bio-fuels Technology Platform (1152/2008/DK - ongoing)

  11. Infringement complaints based on the Aarhus Directive • Implementation by Lithuania (1628/2008) • Vienna airport (1532/2008) and c.f. Barcelona high-speed rail link (244/2006) • Case 0049/2011/AN (ongoing)

  12. Access to documents and information • Pontevedra Estuary (443/2008) • Granadilla (355/2007) • Framework Agreement with Tajikistan (2145/2009) • Drift nets (1861/2009/AN - ongoing) • Bulgarian and Romanian nuclear power plants (2335/2008/VIK and 127/2010/VIK – ongoing)

  13. Limits of the Ombudsman’s role • Judicial activity is excluded • ‘Maladministration’ does not encompass review of the validity of EU legislation

  14. http://www.ombudsman.europa.eu

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