What can the European Ombudsman do for me?

AuthorThe European Ombudsman
Pages7-9

Page 7

What does the European Ombudsman do?

The European Ombudsman investigates complaints about maladministration by the institutions and bodies of the European Community.

Maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it.

Can I complain?

If you are a citizen of a Member State of the European Union or are living in a Member State, you can complain to the Ombudsman. Businesses, associations or other bodies with a registered office in the Union can also complain.

You do not have to show that you are directly concerned by the alleged maladministration to lodge a complaint.

What can I complain about?

If an institution fails to do something it should have done, if it does it in the wrong way or if it does something it should not have done, there may be reason to complain to the Ombudsman. Some of the most common problems he deals with are unnecessary delay, refusal of information, discrimination and abuse of power.

A complaint must be made within two years of the date when you got to know the facts on which your complaint is based and you must already have contacted the institution or body concerned, for example by a letter.

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Who can I complain about?

The European Ombudsman examines complaints against the Community institutions and bodies. He cannot investigate complaints against national, regional or local authorities, even when the complaints are about Community law.

The Ombudsman investigates complaints against:

The European Commission

The Council of the European Union

The European Parliament

The Court of Auditors

The Court of Justice (except in its judicial role)

The European Economic and Social Committee

The Committee of the Regions

The European Central Bank

The European Investment Bank

Europol

Any other Community Body

What can I achieve by complaining?

When the Ombudsman tells the relevant institution about a complaint he has received, it can take steps to resolve the problem. This is called settled by the institution.

If maladministration is found and the case is not settled during the inquiry, the Ombudsman tries to find a friendly solution to satisfy you.

If this fails, he can make a draft recommendation to the institution, calling on it to take the necessary steps to put the maladministration right.

If the institution does not accept his recommendation, he can make a special report to the European Parliament.

If a friendly solution is not possible and the maladministration cannot be put right, the Ombudsman can address a critical remark to the institution.

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What if the Ombudsman cannot deal with my complaint?

If the European Ombudsman is not able to investigate the complaint - for example, if it concerns national, regional or local administrations in the Member States - he will do his best to advise you of another body that could help. This may be a national or regional ombudsman or committee on petitions.

How long do I have to wait?

To set a good example of public service, the Ombudsman deals with complaints as quickly as possible. He aims to:

  1. acknowledge the receipt of complaints within one week,

  2. decide whether to open an inquiry within one month,

  3. close inquiries within one year.

So, how can I complain?

You can write to the Ombudsman in any of the 12 Treaty languages of the Union, setting out clearly who you are, which institution or body of the European Community you are complaining about and the grounds for your complaint. You can lodge your complaint by mail, fax or e-mail. To ensure that you provide all the necessary information, you may prefer to fill out a complaint form. You can get one from the Ombudsman"s office or download one from his web site at:

http://www.euro-ombudsman.eu.int/form/en/ default.htm

Our complaint form is printed on pages 37 and 38. Just fill it out and return it to:

The European Ombudsman

1, avenue du Prsident Robert Schuman

BP 403

F-67001 Strasbourg Cedex

France

Tel. (33) 388 17 23 13

Fax (33) 388 17 90 62

E-mail: euro-ombudsman@europarl.eu.int

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