This document is an excerpt from the EUR-Lex website
The European Ombudsman
SUMMARY OF:
SUMMARY
WHAT DOES THIS DECISION DO?
It establishes the conditions under which the European Ombudsman works.
KEY POINTS
Status and appointment
Combating maladministration
The main role of the Ombudsman is to investigate cases of maladministration by EU institutions and bodies.
Limit of authority
Making a complaint
A complaint to the Ombudsman must meet the following conditions.
A complaint may be classified as confidential upon request of the complainant or on the initiative of the Ombudsman if the latter considers it to be necessary to protect the interests of the complainant or of a third party.
Next steps
If, after initial investigation, the Ombudsman finds that a complaint is admissible and that there are grounds for an inquiry, they inform the institution or body concerned and ask it to submit an opinion within a specified time limit (normally no more than 3 months).
The Ombudsman sends that opinion to the complainant who may submit comments within a specified time limit (normally no more than 1 month).
The Ombudsman may make further inquiries. After completion of the inquiries, the Ombudsman closes the case with a reasoned decision which may contain critical remarks and informs the complainant and the institution or body concerned.
The Ombudsman may close the case with a report containing draft recommendations to the institution or body concerned which is then sent to the complainant and the institution or body concerned. The institution or body concerned then has 3 months to send the Ombudsman a detailed opinion which may, for example, list the measures taken to implement the draft recommendations.
The Ombudsman may decide to prepare a special report to the European Parliament if the detailed opinion is not satisfactory. That special report may contain recommendations. It is also sent to the complainant and to the institution or body concerned.
If, in the course of an inquiry, matters of criminal law come to the notice of the Ombudsman, the latter must immediately inform the national authorities, the EU institution responsible for fighting fraud, and, if appropriate, the EU institution or body for which the civil servant or agent in question works.
The Ombudsman also submits to the European Parliament an annual report on their activities, including the outcome of their inquiries.
Implementing rules
The implementing provisions of this decision were adopted by the Ombudsman on 8 July 2002 and last amended on 3 December 2008.
FROM WHEN DOES THE DECISION APPLY?
It entered into force on 4 May 1994.
BACKGROUND
ACT
Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (OJ L 113, 4.5.1994, pp. 15-18)
Successive amendments to Decision 94/262/ECSC, EC, Euratom have been incorporated into the basic text. This consolidated version is for reference only.
RELATED ACTS
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, pp. 43-48)
last update 04.02.2016