The European Ombudsman

 

SUMMARY OF:

Regulation (EU, Euratom) 2021/1163 laying down the regulations and general conditions governing the performance of the Ombudsman’s duties

WHAT IS THE AIM OF THE REGULATION?

It lays down the rules and conditions for the European Ombudsman’s work. These are known as the Statute of the European Ombudsman.

KEY POINTS

The Ombudsman:

• must be completely independent and not take any outside instruction;
• helps to uncover maladministration* by European Union (EU) institutions, bodies, offices and agencies;
• makes recommendations and proposes solutions to address an issue, when appropriate;
• may not question the ruling or competence of a court, including the Court of Justice of the European Union;
• cooperates with national and EU authorities in carrying out their duties.

Complaints

• Any EU citizen or natural or legal person residing, or with a registered office, in an EU Member State may take a complaint to the Ombudsman directly, or through a Member of the European Parliament. Complaints from any other person or authority are not eligible.
• The person bringing the complaint must do so within 2 years of being aware of the grounds on which it is based and must have already approached the relevant organisation about the facts involved.
• The Ombudsman dismisses complaints that are beyond its remit or that are manifestly unfounded and informs the institution concerned when it declares a complaint admissible.
• Complaints from EU staff must exhaust all internal administrative procedures before being referred to the Ombudsman.
• The Ombudsman informs complainants of the action taken and tries to solve the maladministration with the institution concerned. If a solution satisfies the complainant and the institution, the case is closed.

Inquiries

• The Ombudsman may conduct inquiries either on its own initiative or following a complaint, while informing the relevant institution.
• Own-initiative inquiries focus in particular on repeated, systemic or particularly serious instances of maladministration as a matter of public interest, and may be followed by best-practice proposals.
• Protection from reprisals is given to whistle-blowers who disclose information to the Ombudsman that leads to an inquiry.

Follow-up

• The Ombudsman informs the relevant institution if it establishes a case of maladministration and, when appropriate, makes recommendations.
• The institution may respond to the Ombudsman, normally within 3 months. If it does not, the inquiry is closed and the Ombudsman forwards its report to all concerned.
• The Ombudsman presents a report to the European Parliament at the end of each annual session on the outcome of its inquiries. This contains an assessment of compliance with recommendations, proposals for solutions and improvement, and details of cases involving harassment, whistleblowing and conflicts of interest.

Information

• EU institutions, bodies, offices and agencies and relevant national authorities must provide the Ombudsman, without delay, any information requested in an inquiry.
• The information, which is subject to professional secrecy, covers all physical and electronic documents, including EU classified material — subject to certain conditions.
• The Ombudsman may question EU officials on facts involving an ongoing inquiry.
• The Ombudsman handles requests for public access to documents, except for those obtained during an inquiry.

General conditions

• The European Parliament elects (and has the power to dismiss) the Ombudsman, who is eligible for reappointment at the start of the parliamentary term.
• The Ombudsman:
  • must be an EU citizen with full civil and political rights and must not have been a national or European parliamentarian or have served in the European Council or European Commission within 2 years of the call for nominations;
  • may not engage in any other political or administrative duties or occupation, paid or otherwise, during the term of office;
  • has the same pay, allowances and pension as a judge at the Court of Justice;
  • has an adequate budget and secretariat to ensure its independence and carry out its duties;
  • is based in Strasbourg.

The regulation repeals and replaces Decision 94/262/ECSC, EC, Euratom.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 5 August 2021.

BACKGROUND

• The regulation revising the European Ombudsman’s statute codifies many of its existing working practices. It strengthens the Ombudsman’s legal base and introduces safeguards to further guarantee its independence.
• The regulation represents a special type of legislative process where the European Parliament has the direct right of legislative initiative, the Council gives its consent and the Commission its opinion.
• The regulation is adopted on the basis of Article 228 of the Treaty on the Functioning of the European Union (TFEU) and Article 106a of the Treaty establishing the European Atomic Energy Community.
• Article 20(2)(d) TFEU recognises the right of an EU citizen to apply to the European Ombudsman and Article 41 of the Charter of Fundamental Rights recognises good administration as a fundamental EU right.
• The Ombudsman Office was established by the Maastricht Treaty (see summary) in 1992. There have been three Ombudsmen since the first in 1995.
• For more information, see:
  • European Ombudsman (European Ombudsman).

KEY TERMS

MAIN DOCUMENT

Regulation (EU, Euratom) 2021/1163 of the European Parliament of 24 June 2021 laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom (OJ L 253, 16.7.2021, pp. 1–10).

RELATED DOCUMENTS

Consolidated text: Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community.

Consolidated version of the Treaty on the Functioning of the European Union — Part Six — Institutional and financial provisions — Title I — Institutional provisions — Chapter 1 — The institutions — Section 1 — The European Parliament — Article 228 (ex Article 195 TEC) (OJ C 202, 7.6.2016, pp. 150–151).

Consolidated version of the Treaty establishing the European Atomic Energy Community — Title III — Institutional and financial provisions — Chapter 1 — Application of certain provisions of the Treaty on European Union and of the Treaty on the Functioning of the European Union — Article 106a (OJ C 203, 7.6.2016, p. 40).

Charter of Fundamental Rights of the European Union — Title V — Citizens’ rights — Article 41 — Right to good administration (OJ C 202, 7.6.2016, pp. 401–402).

last update 27.09.2021