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TEXT 13. THE EUROPEAN OMBUDSMAN
The position of European Ombudsman was created by the Treaty on European Union (Maastricht, 1992). The Ombudsman acts as an intermediary between the citizen and the EU authorities. He is entitled to receive and investigate complaints from EU citizens, businesses and organizations, and from anyone residing or having their registered office in an EU country.
The Ombudsman is elected by the European Parliament for a renewable term of five years, which corresponds to Parliament's legislative term. Nikiforos Diamandouros, the former national ombudsman of Greece, took up the post of European Ombudsman in April 2003 and was re-elected in January 2005 for a five-year term.
What does the Ombudsman do?
He helps to uncover ‘maladministration’ in the European Union institutions and bodies. ‘Maladministration’ means poor or failed administration – in other words, when an institution fails to act in accordance with the law, or fails to respect the principles of good administration, or violates human rights. Some examples are unfairness, discrimination, abuse of power, lack or refusal of information, unnecessary delay, incorrect procedures.
The Ombudsman carries out investigations following a complaint or on his own initiative. He operates completely independently and impartially. He does not request or accept instructions from any government or organization.
How do I complain to the Ombudsman?
If you want to complain about maladministration by an EU institution or body, the first thing to do is contact that institution or body through the usual administrative channels and try to get them to put the situation right.
If that approach fails, you can complain to the European Ombudsman.
You must make your complaint to the Ombudsman within two years of the date on which you became aware of the act of maladministration. You must clearly state who you are, which institution or body you are complaining about and what problem you are complaining about, though you may ask for the complaint to remain confidential.
What result can I expect?
If the Ombudsman cannot deal with your complaint – for example, if it has already been the subject of a court case – he will do his best to advise you which other body may be able to help. However, if he can deal with your complaint he will.
To resolve your problem, the Ombudsman may simply need to inform the institution or body concerned. If the problem is not cleared up during his enquiries, the Ombudsman will try to find a friendly solution which puts the matter right and satisfies you.
If this fails, the Ombudsman can make recommendations to resolve the issue. If the institution concerned does not accept his recommendations, he can make a special report to the European Parliament so that it can take whatever political action is necessary.
Every year, the Ombudsman presents the European Parliament with a report on all his work.