Change of guard in the post of European Mediator at the end of March: 12,000 complaints received in seven years” “
On 1st April Nikiforos Diamandouros will replace Jacob Söderman in the post of European Mediator. In recent days Söderman presented the annual report for 2002 on the activities of the office at the service of citizens of the European Union. The role of the European Mediator, on the basis of art. 195 of the Treaty of the European Community, consists in dealing with the complaints presented “by all the citizens of the Union or by physical or juridical persons resident or having their registered office in a member state of the Union and concerning cases of misadministration in the activities of EU institutions or bodies, with the exclusion of the Court of Justice and the Tribunal of first appeal in the exercise of their own jurisdictional functions”. The EU’s second most recognized right. According to the eurobarometer on citizenship, published at the end of last year, the right to present a complain to the Mediator is (after the vote) the second most recognized right among those enjoyed by citizenship of the European Union. Ever since he started his job as the first European Mediator in September 1995, Jacob Söderman has dealt with approximately 12,000 complaints and opened over 1500 inquiries. Last year was the most demanding year of all so far, with over 2,000 complaints submitted, an increase of 18% over 2001. Again in 2002, 92% of the complaints were presented by individual citizens, while only 3% were received from businesses and 4% from associations. Thirteen complaints, moreover, were lodged by MEPs or by other civic representatives. The most frequent causes. According to Söderman’s report, the majority of the complaints considered admissible in 2002, some 75%, concerned the operation of the European Commission. Only 9% of the complaints were directed against the European Parliament and 5% against the Council. The most frequent causes of the complaints concern the lack or refusal of information, avoidable delays, errors in procedures or abuse of power, and problems relating to contract procedures or contracts signed with the European institutions. 1 and 2 cent coins. Two complaints presented by Finnish citizens have to do with the rounding off of payments in euros; the complainants argued that the Finnish practice of eliminating 1 or 2 cent coins and the consequent rounding upwards or downwards of prices is unjust and in violation of EU law. The Mediator then submitted the question to the Commission, which has still to pronounce on whether the Finnish authorities have correctly applied the EU regulations which laid down that the first series of euro coins should comprise eight denominations, from 1 cent up to 2 euros. Spain in first place. The country that has most availed itself of the right to make complaints to the office of the European Mediator is Spain with 16% of the total complaints, followed by Germany (14%) and Belgium and France (both 10%). The report on 2002 presented by Söderman also points out that a quarter of the cases submitted to his attention were resolved by the institutions involved, a sign of their willingness to find solutions to the disputes brought to their attention by the Mediator. Explanations given. In 128 of the cases submitted the Mediator failed to find any case of misadministration; in such cases the complainant receives at least a proper explanation by the institution complained of and the view of the Mediator himself on the case in question. In 29 cases Söderman felt bound to direct a critical observation at the institution concerned. Heightened awareness among citizens. The activity of the Mediator in 2002 was also aimed at heightening the awareness of European citizens on their right to present complaints. This was promoted by the publication of a ‘Guide for citizens’ in 11 languages and the presentation of the office’s work at seminars and conferences in over half the member states of the European Union.
