Ombudsperson 2


Ombudsperson 2 :

The position of European Ombudsperson was created by the Treaty on European Union (Maastricht Treaty), which came into force in 1993. The Ombudsperson is authorized to receive complaints from European Union (EU) citizens or natural or legal persons residing or having their legal domicile in a Member State. He/she helps to uncover misadministration in the Community institutions and bodies. Only the Court of Justice and the Court of First Instance acting in their judicial role fall outside his/her jurisdiction. The Ombudsperson therefore acts as an intermediary between the citizen and the Community authorities. He/she is entitled to make recommendation to the Community institutions and to refer a matter to the European Parliament, so that the latter can, if necessary, apply the political consequences of a case of misadministration. A complaint to the European Ombudsperson must be submitted within two years of the date on which the underlying facts were brought to the attention of the complainant. Moreover, any appropriate administrative steps with regard to the institutions or bodies concerned must already have been taken. A complaint is not eligible if the alleged facts are or have been the subject of legal proceedings. Any complaint to the Ombudsperson must clearly state the subject of the complaint and the identity of the complainant, who may, however, ask for the complaint to remain confidential. If necessary, the Ombudsperson can advise the complainant to approach another authority. The Ombudsperson, on his/her own initiative or following a complaint, conducts all the inquiries he/she considers justified to clarify any suspected misadministration. The Ombudsperson then informs the institution or body concerned, which can respond with its own comments. The Community institutions and bodies are obliged to provide the Ombudsperson with any information he/she requests and to allow access to the relevant files. They can refuse to do so only on justified grounds of confidentiality. If the Ombudsperson discovers a case of misadministration, he/she informs the institution concerned and makes draft recommendations. The institution concerned has three months to submit a detailed opinion. The Ombudsperson then submits a report to the European Parliament and the institution concerned. The complainant is also informed of the outcome of the investigations. Every year, the Ombudsperson presents a report to the European Parliament on the results of his/her investigations

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