The role of the European Ombudsman

1. The role of the European Ombudsman Presentation to the CEE Bankwatch conference on accountability mechanisms for environmental protection and human rights in IFI and EU funded projects, Budapest, 18 November 2010

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 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” 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

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 • No requirement to be personally affected: public interest complaints are possible • The Ombudsman may also investigate on his own initiative

8. The Ombudsman’s powers • Access to all documents • Officials must answer questions • Recommendations • Special reports to the European Parliament

9. Maladministration • Failure to comply with: • the law • human rights, or the Charter of Fundamental Rights of the EU

10. Maladministration • … principles of good administration

11. Subjects of complaint • Lack of transparency, especially refusal of access to documents and information Granadilla case

12. … subjects of complaint (2) • Problems in the policy-making process: consultation, participation, ethical issues • Register of lobbyists case (ongoing) • Nike case

13. … subjects of complaint (3) • The European Commission's role as “guardian of the Treaties” • Vienna airport case • Malagrotta Landfill case • The EU Pilot scheme

14. 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

15. 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

16. 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

17. 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.

18. 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

19. European Network of Ombudsmen

20. Co-operation through the Network • Mutual transfer of cases • Queries about EU law • Information on infringement cases

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