Around one third of the inquiries the Ombudsman carries out every year concern lack or refusal of information.
Who do people complain about?
Since the Commission is the main EU institution that makes decisions having a direct impact on citizens, companies and associations, it is logical that it should be the principal object of complaints. The European Parliament’s administration, the European Personnel Selection Office (EPSO), and the Council also feature regularly. Most EU institutions have been the subject of at least one Ombudsman inquiry. The Ombudsman’s inquiries concerning the Court of Justice of the European Union relate only to its non-judicial activities, for example, tenders, contracts, and staff cases.
How is an inquiry carried out?
The Ombudsman uses both oral and written inquiry procedures. The first step in a written inquiry is to forward the complaint to the institution concerned and request an opinion, normally within three calendar months. The EU institutions are required to supply the Ombudsman with any information he requests from them and to give him access to the files concerned. He may also inspect documents and interview officials and other servants, although this latter possibility is rarely used.
Where there appears to be a problem that could be solved rapidly, the Ombudsman may, with the agreement and cooperation of the institution concerned, use less formal procedures, mainly via telephone.
What outcome can one expect?
About half of all the Ombudsman’s inquiries find that the institution has acted correctly and that there is no maladministration. In many other cases, the institution itself acts to settle the matter during the inquiry. If there does seem to be a problem and the case is not settled by the institution, the Ombudsman tries, where possible, to achieve a friendly solution, which satisfies both the institution and the complainant. If the attempt at conciliation fails, the Ombudsman can issue recommendations to solve the case. If the institution does not accept the proposed recommendations, he can make a special report to the European Parliament. The Ombudsman’s decisions are not legally binding but the rate of compliance with his findings is consistently high.